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H-1B Visa

Trump’s $100K H-1B Visa Fee Sparks Legal Battle in California

California’s top legal official has sharply criticized the Trump administration for its decision to impose a $100,000 application fee on the H-1B visa program, warning that the move could create significant uncertainty for businesses in the state. Attorney General Rob Bonta said Tuesday that he is reviewing the legality of the new fee and will take action if it is found to be unlawful.

Story Highlights:

  • Trump administration introduces $100,000 fee for H-1B visas.

  • California Attorney General Rob Bonta reviewing legal options.

  • Potential impact on tech companies, finance, and consulting firms.

  • Possible violation of the federal Administrative Procedure Act (APA).

  • California reliant on H-1B visas to drive innovation.

The H-1B visa program, a key pathway for skilled foreign workers, is particularly important for California’s technology sector. It also supports finance and consulting industries that rely on global talent to remain competitive.

“The short answer is, we are looking at it,” Bonta said in an interview with Bloomberg News in New York. “We will assess whether there’s a legal violation. If it’s a policy that we don’t agree with but it’s legally sound, we won’t challenge it. If it’s unlawful, we will.”

Bonta emphasized that the $100,000 fee, announced last week, could have an “adverse impact” on California, which has historically depended on the H-1B visa program to fuel innovation and economic growth.

“This program has been vital for bringing talented individuals to California,” Bonta explained. “We wouldn’t be where we are today without the talent that has come to this state through H-1B visas. Businesses and people need certainty, and unfortunately, that certainty is often missing from the current administration’s policies.”

The H-1B visa program has long been a topic of debate. Critics argue that it may displace American workers, while companies see it as essential for maintaining a competitive workforce. Trump’s latest policy, which would drastically increase the cost of participation, has raised alarms in Silicon Valley and beyond.

Bonta also noted that his office is examining whether the changes violate the federal Administrative Procedure Act, which prohibits abrupt government rule changes without proper public notice.

“You need to have a reasoned justification,” he said. “It can’t be arbitrary, it can’t be capricious, and we’ve brought cases on that basis quite a few times in the past. It might be appropriate here, but we are still reviewing all aspects carefully.”

California has joined other Democratic-led states in filing multiple lawsuits challenging various policies introduced by the Trump administration. While the White House has not commented on the new H-1B visa fee, the controversy is expected to spark further legal and political debate.

For businesses across California, the $100,000 H-1B visa fee could create uncertainty in hiring skilled workers and planning for future growth. The tech sector, in particular, may feel the brunt of these changes, as it heavily relies on foreign talent to drive innovation and maintain global competitiveness.

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