Attorney General William Tong has joined a coalition of 19 states in filing a lawsuit against the Trump Administration over a new policy that imposes a $100,000 fee on new H-1B visa petitions. The H-1B visa program allows U.S. employers to hire highly skilled foreign workers for specialized roles, including physicians, researchers, and educators, to address labor shortages.
The lawsuit claims that the Department of Homeland Security (DHS) implemented this fee without proper legal authority or following required rulemaking procedures. According to Attorney General Tong and other plaintiffs, the policy exceeds what Congress authorized for such fees and violates the Administrative Procedure Act (APA).
“Donald Trump is hawking the American Dream to the highest bidders. It’s a crass insult to the immigrant roots of our nation, and a blow to public and private sector employers who have long relied on skilled H-1B workers to fill difficult and vital positions. Trump has zero authority to charge these outrageous fees and we’re suing to protect a fair and lawful process,” said Attorney General Tong.
The H-1B program requires employers seeking foreign talent for specialty occupations—positions typically requiring at least a bachelor’s degree—to submit applications certified by the U.S. Department of Labor confirming that hiring will not negatively affect U.S. workers’ wages or conditions. Congress sets an annual cap on most private employer H-1B visas at 65,000 with an additional exemption for those holding advanced degrees.
On September 19, 2025, President Trump issued a proclamation establishing the $100,000 fee for new petitions filed after September 21, 2025. The policy gives broad discretion to DHS regarding which applications are subject to or exempt from this fee.
State officials argue that this fee could worsen staffing shortages in critical fields like education and healthcare by making it harder for government agencies and non-profit organizations—which often cannot absorb such costs—to hire needed personnel. For example, nearly three-fourths of school districts nationwide reported difficulty filling open teaching positions during the 2024–2025 school year; educators are among the largest groups using H-1B visas.
Hospitals also depend on foreign-trained medical professionals through the H-1B program as they face projected physician shortfalls in coming years. In fiscal year 2024 alone, nearly half of all medicine-related H-1Bs went to physicians or surgeons.
Connecticut institutions would be directly affected by this change: The University of Connecticut employs 133 individuals under H-1B visas but cannot cover these increased costs for future hires; Connecticut’s State College and University System currently employs 36 people under similar arrangements with more anticipated requests pending; UConn Health has another 58 employees on such visas; while state mental health services seek additional psychiatrists through this route due to rising demand.
According to today’s complaint led by California Attorney General Rob Bonta and Massachusetts Attorney General Andrea Campbell—with support from attorneys general across Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont Washington and Wisconsin—the new fee far exceeds typical processing costs (previously between $960–$7,595), lacks statutory basis set by Congress which requires fees reflect agency expenses rather than arbitrary amounts imposed without notice-and-comment rulemaking as required under federal law.
Assistant Attorney General Francesca Testa assisted in preparing Connecticut’s participation in this matter.