Arizona Attorney General Kris Mayes has joined a coalition of 18 other states in a lawsuit seeking to block a Trump administration policy that dramatically raises the cost of sponsoring new H-1B visas, a move critics say could ripple through education, health care and high-tech industries across the state.
The legal challenge targets a presidential proclamation issued in September that imposed a $100,000 fee on new H-1B visa petitions — a steep increase from the traditional costs, which typically range from under $1,000 to several thousand dollars. The Department of Homeland Security implemented the change days later, applying it to applications filed after Sept. 21.
H-1B visas allow U.S. employers to hire foreign workers in specialized fields, including education, engineering, health care and technology. Mayes argues the new fee creates a financial barrier that many public institutions and private employers simply cannot absorb.
In a statement announcing Arizona’s participation, Mayes said the policy would have serious consequences for rural school districts, the state’s growing semiconductor sector and the broader economy, particularly at a time when employers are already struggling to fill critical positions.
Arizona officials point to widespread reliance on H-1B workers across the state. Multiple public school districts employ teachers and staff on the visas, while Arizona’s three public universities collectively employ hundreds of H-1B workers in teaching and research roles. Major employers such as Intel, ASML and TSMC also rely on visa holders to staff highly specialized positions, particularly in advanced manufacturing and chip production.
Nationally, the impact extends well beyond Arizona. Tens of thousands of educators and health care workers — including physicians and surgeons — work in the U.S. under H-1B visas, according to figures cited in the lawsuit.
The states argue the administration overstepped its authority by imposing a fee far beyond what Congress authorized when it created the H-1B program. The lawsuit also claims the policy was implemented without following required rulemaking procedures under the Administrative Procedure Act, a cornerstone of federal regulatory law that governs how agencies enact major policy changes. More background on the act can be found through the U.S. Department of Justice’s overview of the APA.
Another point of contention is the discretion granted to the Secretary of Homeland Security to decide which visa petitions are subject to the fee and which may be exempt, a structure the states say invites arbitrary enforcement.
Congress currently caps H-1B visas for private employers at 65,000 annually, with an additional 20,000 reserved for applicants holding advanced degrees. Employers must also demonstrate that hiring foreign workers will not undercut wages or working conditions for U.S. employees.
With this filing, Arizona becomes one of more than 30 states involved in multistate lawsuits challenging Trump administration policies, as Mayes continues to position her office as an active legal counterweight on federal immigration and economic issues.
