• Twenty-three states file amicus brief supporting lawsuit against visa fee
• Public employers face impossible burden hiring teachers, doctors, nurses
• Brief cites 74% of school districts struggling to fill teaching positions

WASHINGTON, DC (TDR) — A coalition of 23 states filed an amicus brief Tuesday urging a federal court to block the Trump administration's $100,000 fee on H-1B visa petitions, warning the policy would devastate public schools, hospitals and healthcare systems already strained by severe workforce shortages.

California Attorney General Rob Bonta and New Jersey Attorney General Matthew Platkin led the multistate brief filed in the U.S. District Court for the Northern District of California in support of Global Nurse Force v. Trump. The states challenge Trump H-1B visa fee argue the fee is unlawful and would effectively shut public employers out of the H-1B program.

Critical Workforce Shortages Drive Opposition

The states challenge Trump H-1B visa fee brief presents stark data documenting nationwide labor shortages that the policy would exacerbate. According to the filing, 74% of school districts reported difficulty filling teaching positions in the 2024-2025 school year, particularly in special education, physical sciences and bilingual education.

"The Trump Administration's $100,000 visa fee imposes unnecessary and unlawful financial burdens on public employers and will leave essential positions in critical sectors unfilled," Bonta stated.

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Educators represent the third-largest occupation for H-1B visa holders, with nearly 30,000 working on the visas nationwide. Nearly 1,000 colleges and universities employ hundreds of H-1B personnel to support research and education missions. Because K-12 schools, colleges and universities are generally government or nonprofit entities, the brief argues they are incapable of absorbing an additional $100,000 for each H-1B hire.

Healthcare System Faces Devastating Impact

The brief warns hospitals and healthcare centers rely heavily on the H-1B visa program to hire physicians, surgeons and nurses, particularly in low-income and working-class neighborhoods. Nearly 17,000 H-1B visas went to workers in medicine and health occupations in fiscal year 2024, half of whom were physicians and surgeons.

The filing emphasizes that without foreign-trained physicians, the United States faces a projected shortfall of 86,000 physicians by 2036. There will not be enough doctors to care for older adults, many of whom suffer increased rates of chronic disease and complex medical needs.

About 11.4 million Californians, roughly one quarter of the state's population, live in areas with primary care shortages. The brief warns that at a time when many hospitals face cuts in health insurance subsidies and reduced Medicaid payments, a $100,000 fee for H-1B healthcare workers is simply not feasible.

Legal Arguments Challenge Presidential Authority

The amicus brief supports plaintiffs in Global Nurse Force v. Trump, who filed suit in October 2025 challenging President Trump's September proclamation imposing the fee. The lawsuit argues Trump exceeded his authority under the Immigration and Nationality Act and that the proclamation violates the Administrative Procedure Act.

The states contend the Trump administration failed to follow notice-and-comment rulemaking requirements when adopting the fee, depriving states of the opportunity to share concerns about harms. The brief urges the court to grant a preliminary injunction blocking the policy, arguing it is contrary to the public interest.

Multistate Coalition Spans Political Spectrum

Joining Bonta and Platkin on the brief are attorneys general from Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin.

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New Jersey had the fourth-highest number of approvals for H-1B petitions for initial employment in fiscal year 2025 with 7,729. Twenty K-12 school systems in the state secured H-1B approvals in 2025 alone. Nearly one-third of New Jersey's healthcare workers are immigrants, many on H-1B visas.

The brief notes states challenge Trump H-1B visa fee workers and their dependents contribute an estimated $86 billion annually to the U.S. economy and pay billions in federal, state and local taxes.

Can public institutions survive workforce shortages if unable to recruit international talent, or does the fee serve necessary immigration reform goals?

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