Illinois Attorney General Kwame Raoul has joined a coalition of 20 attorneys general in filing a lawsuit against the Trump administration, challenging a new policy that imposes a $100,000 fee on new H-1B visa petitions. The lawsuit argues that the fee is unlawful, bypasses congressional authority, and threatens critical sectors, including healthcare and education.
The legal action follows a September proclamation by President Trump that implemented the six-figure fee for H-1B petitions filed after Sept. 21, 2025. The H-1B program allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise.
Raoul and his counterparts contend that the fee, which represents a massive increase from the typical range of $960 to $7,595, is an “unprecedented” barrier designed to undermine the visa program entirely.
“The $100,000 visa fee is devastating for all states, including Illinois, and threatens the quality of education, healthcare, and other core services available to our residents,” Raoul said. “The H-1B visa is essential to alleviate nationwide labor shortages, and I will continue to work with fellow attorneys general in protecting this critical program.”
The lawsuit alleges the Department of Homeland Security (DHS) violated the Administrative Procedure Act (APA) by implementing the fee without the required notice-and-comment period. The coalition argues that the administration bypassed standard rulemaking procedures and exceeded the fee-setting authority granted by Congress.
Historically, H-1B fees are set to cover only the reasonable costs of administering the program. The attorneys general argue that the $100,000 price tag far exceeds actual processing costs and acts as a de facto ban on hiring skilled foreign workers for many employers who cannot afford the steep entry price.
Furthermore, the lawsuit claims the policy grants the Secretary of Homeland Security overly broad discretion to decide which petitions are subject to the fee, raising concerns that the penalty could be applied selectively against businesses or industries disfavored by the administration.
According to the lawsuit, the United States is projecting a shortage of 86,000 physicians by 2036. Hospitals and research centers frequently use H-1B visas to hire foreign-trained doctors, surgeons, and researchers.
The education sector faces similar risks. In Illinois alone, 3,684 teaching positions remained unfilled during the 2023-2024 school year. Districts often utilize the H-1B program to recruit for hard-to-fill roles such as bilingual teachers, special education instructors, and speech-language pathologists. Nationwide, educators represent the third-largest occupation group for H-1B visa holders, with nearly 30,000 visas currently held by teachers and staff.
The coalition is asking the court to block the fee, arguing that Congress has established and modified the H-1B program specifically to balance labor needs with the protection of American workers—a balance they say the new executive action destroys.
