California v. Noem
BrynoDC Coverage 1 video
Overview
Overview
A coalition of states sued the Trump administration over the changes to the H-1B visa program which would require the employers of workers on a H-1B visa to pay the federal government $100,000.
The Issue
Issue
Whether the Trump administration's H-1B visa program modification requiring employers to pay $100,000 per visa holder violates the Administrative Procedure Act, exceeds executive authority, or is otherwise unlawful.
The Rules
Rule
Under the Administrative Procedure Act, 5 U.S.C. § 706, agency action may be set aside if it is arbitrary and capricious, an abuse of discretion, or contrary to law. Executive immigration policy is generally subject to deference, but must remain within statutory bounds and follow required procedural processes.
The Application
Analysis
The plaintiff states challenge the H-1B fee increase as potentially exceeding the Secretary's statutory authority under immigration law and as insufficiently justified under APA standards. The administration must demonstrate the policy is rationally connected to stated objectives and was adopted through proper procedures.
The Conclusion
Conclusion
The case is active as of June 2026, filed in December 2025. The litigation remains in early stages with resolution pending judicial review of the challenged executive action.
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