DELAWARE - Delaware Attorney General Kathy Jennings on Friday joined a coalition of 19 states in a lawsuit challenging a Trump administration policy that imposes a $100,000 fee on new H-1B visa petitions, calling the measure unlawful and economically harmful.
The suit targets a Department of Homeland Security policy ordered by President Trump that sharply increases the cost of filing new H-1B petitions. The H-1B visa program, created by Congress and signed into law by President George H.W. Bush, allows U.S. employers to hire highly skilled foreign workers for specialized jobs, including teachers, physicians, nurses and researchers.
Jennings and the coalition argue the fee exceeds congressional authorization, violates required federal rulemaking procedures and surpasses the executive branch’s authority under the Administrative Procedure Act. They say Congress limited visa fees to amounts necessary to cover administrative costs.
“This is an unserious idea that threatens a deeply serious crisis,” Jennings said in a statement. “Policies like these are why the Trump Administration has lost the public’s confidence on immigration policy. Their blind crusade to demonize any and every immigrant is undermining America’s economy, deepening the affordability crisis, and now further jeopardizing health care access. It’s wrong, and it’s illegal.”
Under current law, employers petitioning for H-1B workers must submit applications certified by the U.S. Department of Labor affirming that hiring foreign workers will not negatively affect the wages or working conditions of similarly employed U.S. workers. Congress caps most private-sector H-1B visas at 65,000 per year, with an additional 20,000 reserved for workers holding a master’s degree or higher.
On Sept. 19, 2025, Trump issued a proclamation ordering the $100,000 fee for new H-1B petitions — an increase of as much as 10,000% over previous fees, which typically ranged from about $1,000 to $7,600. The proclamation also gives the Homeland Security secretary broad discretion to determine which petitions are subject to the fee or exempt, raising concerns about selective enforcement.
The states argue the increase undermines the purpose of the H-1B program by making it harder for employers to address labor shortages in critical fields such as education and health care.
Jennings said the policy would particularly harm Delaware, where schools, colleges, universities and hospitals rely on H-1B workers but often lack the resources to absorb an additional $100,000 per hire. During the 2024–2025 school year, 74% of U.S. school districts reported difficulty filling positions, especially in special education, physical sciences, ESL or bilingual education and foreign languages. Educators are the third-largest occupational group among H-1B visa holders, with nearly 30,000 teachers and education professionals nationwide.
Health care providers also depend on the program, particularly in low-income and working-class communities. Nearly 17,000 H-1B visas were issued for medical and health occupations in fiscal year 2024, about half to physicians and surgeons. Without H-1B physicians, the U.S. faces a projected shortage of 86,000 doctors by 2036, according to the states.
Joining Jennings in the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.