Washington state is part of a newly filed lawsuit against the Trump administration, challenging the legality of a $100,000 fee for new H-1B visas that allow highly-skilled individuals to work temporarily in the U.S.
Attorneys general from 20 states claim the U.S. Department of Homeland Security set the fee at an arbitrary amount that does not reflect the agency’s costs, and that the fee was enacted without going through a required notice-and-comment process.
The visa is meant to recruit employees from abroad who have specialized expertise not found in sufficient numbers in the U.S. workforce.
Seattle-based Amazon has roughly 19,100 employees working under H-1B visas nationwide. Microsoft, which is based in Redmond, Wash., nationally employs more than 6,200 H-1B visa holders. Washington’s public universities and agencies have nearly 500 H-1B visa holders on their payrolls, according to federal data and state analysis.
Employers are responsible for paying H-1B fees, which used to run between $960 and $7,595, said Washington State Attorney General Nick Brown’s office. Raising the fees, the state warned, will result in empty university labs and science discoveries “will be made somewhere else.”
“These institutions will lose their competitive edge, particularly in the areas of artificial intelligence, cybersecurity, and medical fields,” said a press release from Brown’s office.
In announcing the increased fee in September, the Trump administration said the visa was being abused by employers to supplant Americans with “lower-paid, lower-skilled labor.”
“The large-scale replacement of American workers through systemic abuse of the program has undermined both our economic and national security,” said a White House memo addressing restrictions of nonimmigrant workers.
Priyanka Kulkarni, CEO of the immigration tech startup Casium, said the H1-B workers are not low paid, noting that the median salary for the visa holders was about $120,000 last year.
“Engineers, scientists, healthcare specialists, and educators recruited from abroad often fill critical gaps that enable companies and institutions to grow, invest, and create jobs locally,” she added via email.
The Trump administration has specifically called out high-tech companies’ use of the program, saying they “have prominently manipulated the H-1B system, significantly harming American workers in computer-related fields.”
Xiao Wang, CEO of the startup Boundless Immigration, noted that while tech giants are targeted for criticism, the visa also allows for doctors, nurses and researchers to work in the U.S. — echoing some of the concerns raised by Washington’s attorney general.
“Adding a $100K fee for all foreign talent trying to enter Washington to work in these fields would all but eliminate this pathway for anyone outside of the most valuable companies in the world and would leave the state with a significant shortage of important roles,” Wang said by email.
He added that putting a nurse and an AI engineer in the same visa category highlights an overdue need for immigration reform.
Wang called on Americans to demand that Congress “pass new immigration regulations to stay competitive as a country.”
