Attorney General James Wins Case Protecting Immigrant Workers

June 8, 2026

NEW YORK - New York Attorney General Letitia James today won her lawsuit against the Trump administration for imposing an illegal $100,000 fee on all new applicants for H-1B visas, a critical program that allows highly-trained immigrants to temporarily work in the United States. H-1B recipients fill essential roles in health care, education, technology, and other fields, contributing significantly to their states' economies and filling critical shortages of essential workers, particularly in health care. The U.S. District Court for the District of Massachusetts today ruled in favor of Attorney General James and a coalition of 19 other attorneys general that sued the administration for imposing a $100,000 fee on all new H-1B applications, a massive increase over the visa's typical fees. The court granted the coalition's motion for summary judgment, declaring the policy implementing the fee unlawful.

"Every day, thousands of people with H-1B visas serve New Yorkers as doctors, teachers, and other skilled workers," said Attorney General James. "Today a court put an end to this administration's illegal attempt to destroy this critical program and the many jobs it makes possible. Workers with these visas contribute immensely to our state, and I will keep fighting to stop this administration's unjust and unlawful attacks on our immigrant communities."

The H-1B program allows employers to petition to hire workers in a "specialty occupation" for a maximum of six years. H-1B workers are employed in a variety of fields in both the public and private sectors, and the program plays a crucial role in filling labor shortages in medicine, education, and other highly skilled industries. Attorney General James and the coalition argued in their lawsuit that limiting H-1B visas will cause significant harm and worsen labor shortages in critical industries.

In New York, the State University of New York (SUNY) employs 693 employees on H-1B visas, including many who serve students in rural and suburban areas of New York state. New York's hospitals already face a pervasive nursing shortage. A reduction in H-1B visa holders would only exacerbate this challenge, as over a third of all health care workers in New York are immigrants. Other critical industries in New York, such as technology, finance, and the arts, also rely on H-1B visa holders to fill essential roles. Across the state, more than 13,000 people on H-1B visas work in these sectors.

While H-1B visa fees have historically been just several thousand dollars, the federal administration suddenly announced in September 2025 that a $100,000 fee would be imposed on all new H-1B applications. In December 2025, Attorney General James and the coalition sued the administration to stop the fee from being implemented. The court today granted the coalition's motion for summary judgment, declaring the fee unlawful and vacating the policy implementing it.

Joining Attorney General James in filing this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, North Carolina, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.