California H-1B Teaching Hiring Sparks Immigration Debates

(CALIFORNIA) California school districts that filed more than 300 H-1B visa petitions to hire foreign-born teachers for the 2023–24 school year are now caught in a national fight over who the program is for, after President Trump’s September 2025 executive order added a $100,000 sponsorship fee for new H-1B visas. District leaders say the petitions cover hard-to-fill jobs like special education and bilingual instruction, but critics point to reported hires in physical education and ask whether the system is being stretched past the “specialty occupation” standard.

The fee — on top of existing costs districts put at $9,500–$18,800 per hire — has also set off lawsuits led by California Attorney General Rob Bonta and backed by a coalition of 19–20 states. Families and students, already facing staff turnover, may feel the result first. In West Contra Costa and other communities, administrators say they can’t keep classrooms open without help from abroad.

West Contra Costa: a focal example

West Contra Costa Unified School District (east of San Francisco) has become the main example in the debate. Sylvia Greenwood, assistant superintendent for human resources, said the district hired about 88 teachers on H-1B visas, mostly from the Philippines, Spain, and Mexico, after repeated recruitment rounds failed to bring enough credentialed staff.

District records for 2023 showed:

• 381 misassigned positions
• 711 vacancies

Those numbers translate into large class sizes, rotating substitutes, and delays in services for children with disabilities. Greenwood said many foreign-born teachers arrive with training in dual-language instruction or special education, qualifications that are hard to find locally. She framed the filings as a stopgap, not a replacement for local hiring.

“We need to be fully staffed,” she said.
Parents, she added, don’t ask where a teacher was born; they ask why a class has no permanent instructor on Monday morning rollcall.

Statewide shortages and trends

The California Department of Education reported deep shortages in 2023:

• Nearly 47,000 teaching positions were filled by under-credentialed staff
• Over 22,000 vacancies were logged

The largest gaps appeared in English language development and special education, areas where paperwork, testing, and legal duties make retention and recruitment harder. State data also showed districts have doubled H-1B applications from two years earlier — shifting school hiring into a visa program more commonly associated with Silicon Valley engineers.

District responses and constraints:

• Continue to run job fairs and offer signing bonuses where budgets allow
• Rely on substitute pools
• Face limits when housing costs rise and burnout grows

Supporters argue foreign-born teachers have become a lifeline, particularly where shortages lead to canceled classes and fewer electives in inner-city schools.

Political backlash and criticism

The filings drew rapid backlash online and among conservative political circles. Critics argue the H-1B should be limited to the most technical jobs and point to reported hires in less technical areas as proof the program is being stretched.

• MAGA activists and conservative commentators criticized districts for using a “specialty occupation” visa in classrooms.
• Florida Governor Ron DeSantis mocked reported hiring for physical education with an X post: “Not a single American who can blow a whistle?” That line has spread in talk radio and campaign emails.

Key criticisms include:

• H-1B ties a worker’s legal status to an employer, which can weaken bargaining power and hold down wages.
• Some teacher advocates say districts should invest more in training and retention of local staff before recruiting abroad.
• The appearance of recruiting for PE roles makes defending petitions for specialized positions harder.

How H-1B rules apply to teachers

Under federal rules the H-1B is meant for “specialty occupations” — jobs that normally require at least a bachelor’s degree in a specific field. Employers must file paperwork with United States Citizenship and Immigration Services (USCIS). Most H-1B cases use the employer petition Form I-129, filed with USCIS, and school districts use the same channel as tech firms when sponsoring teachers.

USCIS resources referenced by stakeholders:

• USCIS page for H-1B visa classification: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
• Petition form: https://www.uscis.gov/i-129

Positions of the sides:

• Supporters: Many teaching roles (especially in special education and bilingual programs) meet the degree test.
• Opponents: The degree standard can be stretched when districts describe general teaching jobs as specialized.

Cost context:

• Districts previously estimated typical H-1B costs around $7,500.
• After new charges, districts cited $9,500–$18,800, before the new $100,000 fee.
• Public districts say the fee jump hits tight school budgets.

The executive order and its effects

President Trump’s executive order in September 2025 framed the $100,000 payment as an administrative sponsorship fee meant to push employers to “put American workers first,” according to filings in the court fight. The order arrived while districts were still staffing classrooms after pandemic-era retirements and resignations, raising immediate questions about whether public employers could continue to use H-1Bs.

District concerns:

• Legal help, recruitment trips, and compliance work are already paid for by districts — the new fee would come straight out of classroom budgets unless states intervene.
• H-1B hiring requires planning months ahead; a late cost change can leave teachers abroad without a clear start path.
• A foreign teacher unable to transfer to another sponsor quickly may have to leave, disrupting students midyear with little warning.

Legal challenges

On December 12–13, 2025, California Attorney General Rob Bonta filed a federal lawsuit in the U.S. District Court challenging the fee (docketed as Case 1:25-cv-13829), joined by a coalition of 19–20 states that included Maryland.

Bonta’s argument:

• The executive branch cannot raise revenue this way because the power to set fees that function as taxes belongs to Congress.
• He warned that schools, hospitals, and research labs would be hit first.

Other litigation and plaintiffs:

• The U.S. Chamber of Commerce also sued, arguing the move violates the Immigration and Nationality Act.
• Earlier challenges were filed by teacher unions, worker groups, religious organizations, and civil society bodies claiming the fee will worsen shortages rather than solve them.

Status:

• Attorney Flores-Perilla, who has tracked the litigation, said no hearings are scheduled yet, leaving districts unsure whether to budget for the fee or pause hiring.

Personal impact on immigrant educators

For educators who came to California on temporary visas, the dispute is personal.

• A.F., an H-1B elementary teacher, said the new fee “is a form of discrimination,” arguing it signals that some workers are welcome only if an employer can pay far above normal filing costs. She stressed the contributions immigrant teachers bring to multilingual student populations.
• H.R., a J-1 physical education teacher, said districts often describe a shortage when recruiting overseas but then make it hard for teachers to stay. Her complaint — echoed by some union activists — is that short-term visa programs may plug gaps without building a pipeline into teaching careers.

This tension fuels backlash: a PE opening can look questionable to voters even if a district says it could not fill it locally.

Reactions from large districts, unions, and other sectors

• Los Angeles Unified School District said it was still evaluating the fee’s impact and reported no immediate hiring disruptions as of mid-November 2025. Christy Hagen, a district official cited in reports, said the review is ongoing as lawyers and budget staff await clearer federal direction.
• United Teachers Los Angeles said members had not seen firm district guidance on how H-1B support would work if the fee stands, leaving foreign-born teachers unsure about renewals.

Ripple effects beyond schools:

• In Maryland, hospitals stopped hiring H-1B nurses after the rule change, even though they need about 100 nurses each year, according to lawsuit filings.
• In San Diego, state projections cited by litigating states estimate a need for 1,500 more nurses over three years, raising fears the fee could squeeze both healthcare and education.

Bigger-picture implications

Immigration lawyers say the California clash tests how far the H-1B will move beyond its tech image and warns employers that visa costs can shift overnight. Analysis by VisaVerge.com suggests the dispute is being watched by Indian professionals and other foreign nationals who fear political scrutiny of “non-specialized” work could lead to tighter reviews.

Positions in brief:

• Districts: H-1B petitions are one tool; they prefer to retain teachers they’ve trained but say visas are necessary now.
• Unions: Visas can mask deeper problems like low pay and burnout.

Immediate outlook:

• For now, the court fight leaves foreign-born teachers and the students they serve in limbo. A fee decision in Washington can determine whether a bilingual class or a special education program has a steady teacher all year.
• Until judges act and agencies respond, districts say they will keep filing petitions and closely watch for new USCIS notices and state attorney general updates.