(MASSACHUSETTS) Arizona Attorney General Kris Mayes joined a coalition led by New York Attorney General Letitia James in suing the Trump administration on December 13, 2025, asking a federal judge in Massachusetts to block a new $100,000 fee that employers would have to pay for each H-1B petition if they want their workers to enter the United States 🇺🇸.
The lawsuit, filed in the United States District Court for the District of Massachusetts, targets a Presidential Proclamation signed by President Trump on September 19, 2025 and put into force on September 21, 2025, at 12:01 a.m. EDT. Under the proclamation, most H-1B visa holders are barred from entering unless the sponsoring employer pays the $100,000 charge, with only limited “national-interest” exemptions.
Plaintiffs’ central argument and immediate effects
State attorneys general say the proclamation turns a work-visa program into what they call a paywall. The coalition argues the new charge is not a normal filing fee tied to paperwork and staffing costs, but a price set so high that many public and private employers will stop hiring abroad — even when they cannot fill jobs at home.
Mayes, whose name has appeared as “Chris Maize” in some reports, said in a statement that the policy would have a “devastating effect on our rural school districts, our growing semiconductor industry, and Arizona’s entire economy.” The complaint says the impacts would fall hardest on communities that already struggle to recruit staff, including rural hospitals and schools, as well as nonprofit and government employers that do not have the budgets of large corporations.
James, the lead plaintiff, and the other attorneys general are asking the court to:
- Declare the proclamation unlawful.
- Stop federal agencies from enforcing the $100,000 fee while the case proceeds.
- Protect employers and workers affected by the rule.
No court ruling or scheduling order had been reported as of December 13, 2025, the day the suit was announced.
Who’s suing — the plaintiff list
The plaintiff list includes:
- Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
The source material notes uncertainty over whether the coalition is best described as 20 states, “19 Democratic attorneys general,” or, in some accounts, 18. The lawsuit itself, the states say, reflects a shared worry that the price tag would ripple through universities, research labs, classrooms, and patient care.
Background on the H-1B category
At the center of the dispute is the H-1B category, a temporary visa for “specialty occupation” workers who generally need at least a bachelor’s degree in a specific field. Employers often use it to hire:
- Engineers
- Computer scientists
- Teachers
- Nurses
- Doctors
- Researchers
- Other professionals
They use H-1B when they say there is a shortage of qualified candidates in the local market. For official background on the program, USCIS maintains an overview at H-1B Specialty Occupations.
Administration’s rationale and critics’ response
The Trump administration announced the change in September 2025, saying the H-1B program was being “overused.” The proclamation frames the new payment requirement as a gatekeeping tool, limiting entry to workers whose employers are willing to make a major financial commitment.
Critics respond that the rule is not aimed at bad actors, but at the many employers that follow the rules yet cannot afford a six-figure add-on. In their court filing, the states say the proclamation conflicts with the Immigration and Nationality Act, which sets the terms Congress chose for the H-1B system.
Legal claims in the complaint
The lawsuit advances several legal claims:
- The proclamation exceeds the authority Congress granted, because fees tied to visa petitions must be set by Congress or, in some situations, by the Department of Homeland Security through a formal regulatory process.
- It violates the Administrative Procedure Act (APA) by skipping required public notice, comment, and reasoned explanation before taking effect.
- The amount cannot be defended as a legitimate processing fee because it is far higher than the actual cost of reviewing an H-1B case.
The states contrast the new charge with prior H-1B-related fees of $2,000–$5,000, arguing the jump to $100,000 is designed to deter use, not cover expenses. The complaint calls it an “insurmountable financial barrier” for many employers, especially in health care and education.
“If a rural school district cannot pay $100,000 per petition, it may lose a math or special education teacher it has recruited after months of searching,” the complaint warns.
Practical consequences — who stands to lose
The states pair their legal theory with real-world examples of harm:
- Rural hospitals and schools could be unable to recruit critical staff.
- Nonprofit and government employers, which lack large corporate budgets, could be disproportionately affected.
- Universities and research labs could lose access to international talent.
- Semiconductor plants and suppliers in Arizona could struggle to recruit engineers and specialists.
Because the proclamation focuses on entry, it can leave workers and families in limbo at borders, airports, or consulates abroad. A worker with an approved petition and an H-1B visa stamp could still be denied entry if their employer has not paid the new fee — unless an exemption applies.
For many families, that could mean a sudden choice between staying abroad and keeping a job, or returning to the United States 🇺🇸 without a spouse or child who is waiting on related visas.
Economic and institutional concerns
According to analysis by VisaVerge.com, employers that rely on yearly H-1B hiring and public institutions with fixed budgets are watching closely. A surprise six-figure federal fee could change staffing plans overnight.
The states emphasize sectors that would be hit hardest:
- Health care systems recruiting doctors and nurses
- Universities competing for researchers
- Technology and manufacturing firms building teams quickly
- Rural school districts and local governments with tight budgets
Context — other 2025 immigration actions
The lawsuit arrives amid other Trump administration immigration steps in 2025 that have also triggered litigation and pushback:
- June 4, 2025: President Trump signed Presidential Proclamation 10949, which took effect on June 9, 2025, restricting entry from 19 countries the administration labeled high risk (Afghanistan, Burma, Burundi, Chad, Republic of Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen).
- December 2, 2025: The Department of Homeland Security issued a policy memorandum ordering suspension or review of pending asylum and other USCIS benefits for nationals of those countries, and new reviews of approvals dating back to January 20, 2021.
- December 3, 2025: The State Department issued guidance calling for enhanced vetting for H-1B and H-4 visas, with those steps set to begin December 15, 2025 (per the source material).
The states argue the $100,000 fee proclamation differs in kind from vetting changes because it puts a price on entry rather than changing review processes. Still, they say, the combined effect of higher barriers and slower processing will hit the same sectors.
Relief sought and possible outcomes
The case filed in Massachusetts asks for:
- An injunction (a court order pausing enforcement of the proclamation), and
- A declaration that the proclamation is unlawful.
Possible outcomes the states outline:
- If the states win: employers could avoid the six-figure charge while the federal government revisits the policy through Congress or a formal regulatory path.
- If the states lose: the fee could become a lasting factor in which employers can bring H-1B workers to the United States 🇺🇸 and which communities are left without staff.
The lawsuit frames the dispute as both a legal challenge to administrative overreach and a practical fight over who can afford to hire international talent for essential services.
A coalition of state attorneys general led by New York sued on Dec. 13, 2025 to block President Trump’s proclamation imposing a $100,000 fee for each H-1B petition. Effective Sept. 21, 2025, the rule bars most H-1B entries unless employers pay, with limited exemptions. Plaintiffs contend the fee exceeds authority, violates the APA, and would harm rural schools, hospitals, universities, and nonprofits; they seek an injunction and a declaration it is unlawful.
