Attorney General Kwame Raoul has joined 19 other attorneys general in a lawsuit against the Trump administration, challenging a new policy that imposes a $100,000 fee on H-1B visa petitions for highly-skilled foreign workers.
The coalition argues that the Department of Homeland Security’s (DHS) policy violates federal law by introducing an additional fee not authorized by Congress. The attorneys general claim this fee contradicts the original purpose of the H-1B program, which is designed to fill specialized positions such as physicians, researchers, nurses, and teachers. They also allege that DHS failed to follow required rulemaking procedures under the Administrative Procedure Act (APA) and exceeded its legal authority.
“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.”
President Trump’s proclamation in September set the new fee for any H-1B petition filed after September 21, 2025. The order gives the Secretary of Homeland Security broad discretion over which applications are subject to the fee or may be exempted. Raoul and his colleagues express concern that this policy could be used selectively against employers disfavored by the administration.
The lawsuit notes that Congress has regularly adjusted the H-1B program over time to address workforce needs while safeguarding American workers’ interests. Measures have included enhanced enforcement and increased penalties through legislation.
Employers seeking an H-1B worker must demonstrate their hiring will not negatively affect U.S. workers’ wages or conditions. Historically, fees for these petitions have ranged from $960 to $7,595. According to Raoul and other attorneys general, the $100,000 charge far exceeds administrative costs and lacks justification.
They further argue that DHS did not use the APA’s notice-and-comment process before implementing this change or consider its broader impacts.
Hospitals and healthcare centers depend on H-1B visas to recruit doctors and nurses amid concerns about a projected shortfall of 86,000 physicians in the U.S. by 2036. Educators make up another significant group using H-1B visas; nearly 30,000 educators hold these visas nationally. Many colleges employ hundreds of international staff through this program.
During Illinois’ 2023–2024 school year, there were 3,684 unfilled teaching positions statewide. The lawsuit contends that higher visa costs disrupt international recruitment efforts needed for hard-to-fill roles such as bilingual teachers and special education staff.
Other states joining Illinois in this legal action include Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.