On Friday, 18 states, led by Oregon Attorney General Dan Rayfield, filed a lawsuit against the Trump administration after it imposed a $100,000 fee for H-1B skilled-worker visas.
BREAKING NEWS: We're filing a lawsuit challenging the Trump administration's unlawful new $100k fee for H-1B visas.
— Attorney General Dan Rayfield (@AGDanRayfield) December 12, 2025
H-1B visas allow U.S. employers—like OSU & U of O—to hire skilled foreign workers in specialized roles like physicians, researchers, & nurses. #orpol #breakingnews pic.twitter.com/nBUs4Ti7BZ
Rayfield alleged that the fee is unlawful because Congress did not authorize the increase, explicitly or implicitly. In other words, he claims that the move is outside of President Trump's legal authority.
"You might try hiring Americans," Vice President JD Vance said on social media, in reference to the lawsuit. Later adding: "While I know there are many people in our coalition who – rightly -- are angry about immigration fraud in our visa system, ‘America Last’ Republicans and Democrats are teaming up to stop our efforts to address these issues. Don't black pill. Fight back."
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In announcing the lawsuit, Rayfield’s office said the $100,000 fee exceeds the authority granted the executive branch by the Administrative Procedure Act of 1946 – a law that sponsor Sen. Patrick McCarran, D-Nev., characterized as the "bill of rights" for entities regulated by the federal government.
Rayfield’s office calculated the average H-1B visa fees range froom $960 and $7,600 – and faulted the administration for not advertising the fee through the typical notice-and-comment process under McCarran’s law.
It also suggested the fee undermines Trump’s stated purpose for it: addressing labor shortages in critical business fields.
"Oregon’s colleges, universities and research institutions rely on skilled international workers to keep labs running, courses on track and innovation moving forward," Rayfield said in a statement. "This enormous fee would make it nearly impossible for these institutions to hire the experts they need, and it goes far beyond what Congress ever intended. This threatens Oregon’s ability to compete, educate, and grow."
