On December 12, 2025, twenty states filed suit in federal district court challenging the $100,000 visa fee imposed by Presidential Proclamation on employers sponsoring certain H-1B petitions.

The suit was brought by the following states:  Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

This is the third lawsuit challenging the President’s authority to impose the fee by Proclamation without Congressional authorization. The suit requests an injunction to stop the government from implementing the fee.  The Chamber of Commerce and a coalition of labor organizations, healthcare staffing agencies, university professors and others, also filed separate lawsuits challenging imposition of the fee.

If you have any questions about your case or require specific legal advice, please contact your Van Der Hout representative.