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

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

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

Paramount Skydance Corporation

Oregon Attorney General Dan Rayfield secured a temporary restraining order blocking Paramount Skydance Corporation's proposed $110 billion acquisition of Warner Bros. Discovery. The lawsuit, joined by 11 other state attorneys general, alleges the merger would harm Oregonians through higher prices, lower content quality, and reduced competition in film and television distribution.

OR

Glenmark Pharmaceuticals

$29.6M

Oregon Attorney General Dan Rayfield and a bipartisan coalition of states reached a $29.6 million settlement with Glenmark, a generic drug manufacturer accused of conspiring with other pharmaceutical companies to inflate prices and limit competition for numerous generic prescription drugs. The settlement requires Glenmark to cooperate in ongoing multistate litigations and implement internal reforms to ensure fair competition and antitrust compliance.

OR

23andMe

$18.0M

A coalition of 42 state attorneys general settled bankruptcy claims against 23andMe following a 2023 data breach that compromised genetic data of 6.9 million customers. The settlement includes $150 million in allowed claims, with $18 million paid from bankruptcy funds, and requires enhanced data security measures for the successor entity, 23andMe Research Institute.

OR

Paramount Skydance Corporation

Oregon Attorney General Rayfield and a coalition of 11 other attorneys general filed a motion for a temporary restraining order and preliminary injunction to block the $110 billion acquisition of Warner Bros. Discovery, Inc. by Paramount Skydance Corporation. The lawsuit alleges the merger violates Section 7 of the Clayton Act by substantially lessening competition in theatrical film distribution and basic cable television licensing, which would lead to higher prices and reduced content quality for consumers.

OR

Paramount Skydance Corporation

Oregon Attorney General Dan Rayfield and a coalition of 12 state attorneys general filed a lawsuit challenging the $110 billion acquisition of Warner Bros. Discovery by Paramount Skydance Corporation. The lawsuit alleges the merger violates Section 7 of the Clayton Act by substantially lessening competition in theatrical film distribution and basic cable television licensing, which could lead to higher prices and reduced choice for consumers.