Court Rules
All enforcement actions
Enforcement ActionLow RiskMultistate

States Sue Trump Admin Over Unlawful $100K H-1B Visa Fee

U.S. Department of Homeland SecurityDecember 12, 2025Oregon Attorney General

Summary

Other enforcement action: Oregon Attorney General Dan Rayfield, joined by 18 other states, sued the Trump Administration over its unlawful $100,000 fee for H-1B visa petitions. The lawsuit alleges that the policy violates the Administrative Procedure Act by exceeding congressional authority and bypassing required rulemaking procedures, harming educational institutions and employers.

Remedy

The lawsuit seeks an injunction to prevent the enforcement of the $100,000 fee policy and to declare it unlawful.

Injunction

Contract Impact

In-house legal teams should review employment agreements, independent contractor contracts, and vendor agreements that involve H-1B visa sponsorships or foreign worker hires. Focus on clauses addressing visa application fees, cost allocation for immigration processes, compliance with government regulations, and provisions for handling fee changes or new governmental impositions. Specifically, examine terms related to fee burden sharing, regulatory adjustment mechanisms, and adherence to administrative procedures like the Administrative Procedure Act. Potential changes may include amending contracts to clarify responsibility for new fees such as the $100,000 H-1B petition fee, incorporating clauses that allow for fee adjustments due to regulatory changes, and ensuring alignment with congressional intent to avoid violations.

Contract Search Terms

H-1B visa fee clauseimmigration compliance provisiongovernment fee pass-throughregulatory change impact clauseemployment visa sponsorship agreementfee reimbursement mechanismadministrative procedure compliancevisa petition cost allocation

Laws Cited

Administrative Procedure Act

Violation Types

Entity Details

Entity

U.S. Department of Homeland Security

Also known as: Department of Homeland Security

Industry

Other

Multistate Coalition

ArizonaCaliforniaColoradoConnecticutDelawareHawaiiIllinoisMarylandMassachusettsMichiganMinnesotaNorth CarolinaNew JerseyNew YorkRhode IslandVermontWashingtonWisconsin

Official Sources

Source Evidence

Entity Name
"implemented by the Department of Homeland Security (DHS)"
Laws Cited
"Administrative Procedure Act (APA)"
Summary
"imposes a massive fee outside of the bounds of what is authorized by Congress"

Related Enforcement Actions

CT

U.S. Department of Homeland Security

Connecticut Attorney General William Tong joined a coalition of 21 attorneys general in submitting a comment letter opposing a DHS rule that allows certain affirmative asylum applications to be referred to removal proceedings without an asylum officer interview. The coalition argues the rule violates federal law and harms asylum seekers, including unaccompanied children; this was a policy opposition letter, not a privacy enforcement action.

VA

U.S. Department of Homeland Security

Attorney General Jay Jones joined a coalition of 26 states to sue the Trump administration over unlawful conditions attached to counterterrorism and emergency funding. The conditions would require states to share voter data with DHS and assist in immigration enforcement, which the coalition argues violates the Administrative Procedure Act and the Spending Clause.

CA

U.S. Department of Homeland Security

California Attorney General Rob Bonta co-led a coalition of 18 attorneys general in submitting a comment letter opposing the Department of Homeland Security's expansion of the Systematic Alien Verification for Entitlements (SAVE) program to include U.S.-born citizens. The coalition argues the expansion violates the Privacy Act of 1974, creates a massive surveillance database, increases data breach risks, and will lead to inaccurate verifications and denial of benefits.

OR

RealPage, Inc.

An Oregon judge rejected RealPage’s attempt to have the state’s rent-pricing lawsuit dismissed, allowing the case to move forward. Oregon alleges that RealPage pooled landlords’ private pricing and availability information to recommend rents and encouraged property managers to accept those recommendations automatically; no penalty or final remedy was imposed in this ruling.

OR

National Highway Traffic Safety Administration (NHTSA)

Oregon Attorney General Dan Rayfield joined a multistate coalition in filing a lawsuit challenging NHTSA’s rollback of fuel economy standards. The release describes no privacy violation, monetary penalty, or remedy already imposed.

OR

Sandoz

$400.0M

Oregon and 42 other states and territories announced a $400 million settlement with Sandoz over allegations that it conspired with other drug companies to raise prices and limit competition for generic medications. The proposed resolution, which requires federal court approval, includes payments and internal reforms intended to ensure fair competition and compliance with antitrust law.