Attorney General Charity Clark has joined 18 other states in filing a lawsuit against the Trump Administration, challenging a new policy that imposes a $100,000 fee on new H-1B visa petitions. The H-1B visa program allows U.S. employers to hire skilled foreign workers for positions that require specialized knowledge, including roles in health care, research, and technology.
The coalition alleges that the Department of Homeland Security (DHS) implemented this fee in violation of federal law. According to the lawsuit, the fee exceeds what Congress has authorized and bypasses necessary rulemaking procedures under the Administrative Procedure Act. The states argue that this move undermines the purpose of the H-1B program by making it more difficult for employers—especially those in public service sectors—to address labor shortages.
“Vermont has an aging population, and we need health care workers and other skilled professionals to fill many of our job openings,” said Attorney General Clark. “While Vermont is focused on recruiting talented professionals and welcoming new neighbors, President Trump is exacerbating the problems with unlawful and exorbitant fees.”
The H-1B program sets an annual cap of 65,000 visas for most private employers, with an additional exemption for 20,000 individuals holding advanced degrees. Certain government and non-profit organizations are exempt from these caps to help them fulfill public service needs.
On September 19, 2025, President Trump issued a proclamation mandating the $100,000 fee for each new H-1B petition. This policy applies to applications filed after September 21, 2025. The DHS Secretary also retains broad discretion over which petitions are subject to or exempted from this fee—a provision that raises concerns about selective enforcement.
Health care institutions frequently use the H-1B program to recruit physicians and nurses—particularly in underserved rural areas. In fiscal year 2024 alone, nearly 17,000 H-1B visas were issued for medical occupations; half went to physicians and surgeons. Projections indicate that without foreign-trained doctors entering through programs like H-1B visas, there could be a nationwide shortfall of approximately 86,000 physicians by 2036.
Attorney General Clark is joined by attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, New Jersey, New York, Oregon, Rhode Island, Washington State and Wisconsin in this legal action.
This marks the 37th lawsuit brought by Attorney General Clark against actions taken by the Trump administration since January.
A copy of the lawsuit will be posted later today at ago.vermont.gov/ago-actions.
