Washington, September 26, 2026 (Yes Punjab News)
A coalition of 22 US attorneys general has opposed the Trump administration’s proposal to impose a fee of more than $100,000 on certain H-1B visa petitions, arguing that the measure is unlawful and could worsen shortages of teachers, doctors, nurses and other skilled professionals.
Virginia Attorney General Jay Jones joined the coalition in filing a formal comment letter urging US Citizenship and Immigration Services (USCIS) to withdraw the proposed rule.
USCIS issued the notice of proposed rulemaking on August 25. The proposal would impose a $103,265 charge on petitions filed by employers that are not exempt from the annual H-1B visa cap.
The attorneys general characterised the proposed charge as a tax and argued that the executive branch cannot impose such a tax without congressional authorisation. They also contended that the proposal exceeds USCIS’ authority under the Immigration and Nationality Act and violates the Administrative Procedure Act.
The coalition said the administration had not adequately justified the burden the proposed fee would place on states or considered less damaging alternatives. It also challenged the 30-day public comment period, calling it unusually short and insufficiently justified.
According to the attorneys general, the proposed fee could make it harder for state and local institutions to recruit skilled foreign professionals, particularly amid shortages in primary and secondary education, healthcare and other essential services.
“Individuals in this class are more than just names on papers – they are our teachers, doctors, nurses, caretakers, and more. They are our neighbors and friends and family,” Jones said.
“They have filled out every form and met every government demand to come here and be part of the American Dream,” he added.
Jones accused the administration of expanding executive authority without adequately considering the impact on communities and public services.
“Donald Trump is trying to close the door by pushing the boundaries of executive power, indifferent to the burden this proposed rule will put on Virginians,” he said.
The coalition also argued that a previous administration attempt to impose a similar charge had been struck down, and contended that the current proposal again seeks to impose a tax through administrative action rather than congressional approval.
Besides Virginia, the coalition includes the attorneys general of California, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Washington, Wisconsin and the District of Columbia.
The H-1B programme allows US employers to hire foreign workers in specialty occupations generally requiring specialised knowledge and at least a bachelor’s degree or its equivalent. Technology companies are among its largest users, while hospitals, schools, universities and research institutions also employ H-1B professionals.
FOLLOW NOW
