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Michigan’s Nessel joins suit against Trump visa fee. What to know

Last updated: December 17, 2025 1:25 am
Published: 2 months ago
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Michigan Attorney General Dana Nessel, along with 19 attorneys general from other Democratic-led states, has sued President Donald Trump over the imposition of a $100,000 fee on new H-1B visa petitions.

In Michigan, nearly 12,000 people are employed through H-1B visas, which allows companies to hire highly skilled foreign workers got roles that requires special skills, including physicians, researchers and nurses smonh others, a news release says. About 1,300 Michigan companies employ the visa holders.

“The H-1B visa program is meant to attract and retain highly skilled workers, and slapping a massive fee on the very people who help educate our students, keep our auto industry competitive, and provide critical medical care is not only unlawful but harmful to Michiganders,” Nessel said. “If allowed to stand, this unlawful policy would only undermine our economic stability and weaken the industries that families across our state rely on.”

The lawsuit is just the latest Michigan’s attorney general has joined.

Including the latest case involving H1-B visas, Nessel has joined lawsuits against the Trump administration multiple times over such things as U.S. Department of Education cuts, birthright citizenship and pausing federal funds.

The Michigan Attorney General’s website includes a “federal actions tracker” that allows people to track the AG’s actions against the government in what Nessel calls a “response to several unlawful federal policies and orders.”

The latest lawsuit was filed after President Trump issued a proclamation ordering a $100,000 fee for new H-1B visa petition on Sept. 19, 2025.

In the lawsuit, Nessel and the other attorneys general allege the Trump Administration’s H-1B visa fee violates the Administrative Procedure Act and the U.S. Constitution because it “imposes a massive fee outside of the bounds of what Congress authorized, is contrary to Congress’s intent in establishing the H-1B program, bypasses required rulemaking procedures, and exceeds the authority granted to the executive branch under the Administrative Procedure Act (APA).”

Here’s what to know about the tracker.

What is an H-1B visa program?

The H-1B visa program allows employers to petition for high-skilled foreign workers to temporarily fill positions in specialty occupations that require at least a bachelor’s degree.

In Michigan, nearly 12,000 individuals are currently employed through H-1B visas.

“When petitioning for an H-1B worker, the employer must submit an application, certified by the U.S. Department of Labor, that employment of the H-1B worker will not negatively affect the wages and working conditions of similarly employed U.S. workers,” Nessel’s office said.

Congress limits the number of H-1B visas available each year for most private employers, with the current cap set at 65,000, though there is an exemption for 20,000 individuals with a master’s degree or higher.

Which Michigan companies sought the most H-1B applications?

In fiscal 2025, U.S. Citizenship and Immigration Services listed the H-1B visas numbers approved for Michigan companies. Here are the top recipients:

How to see the Michigan’s attorney general’s Trump administration tracker

Michigan Department of Attorney General’s office offers a federal action lawsuits tracker on its website.

The tracker includes information such as links to the lawsuit complaint (which list all plaintiffs), when a case was filed, the case name, press releases related to the case, a summary of the case in Nessel’s words and the status of each case.

In addition to listing lawsuits to which Michigan has become a party, the tracker also lists all the cases in which Nessel’s office has written an amicus curiae brief. The term means “friend of the court” in Latin and is a document making legal arguments from a person or organization that is not a party to a case, but may have a strong interest in the issue being considered, U.S. Citizenship and Immigration Services explained.

How many times has Michigan attorney general sued the Trump administration?

As of Dec. 16, Nessel had sued the Trump administration 39 times since he took office in January 2025, the online tracker says.

The number does not include the latest case over H-1B Visas.

Nessel also has filed at least 54 amicus briefs against Trump administration actions.

Who is Dana Nessel?

A former criminal prosecutor and civil rights attorney, Nessel, a Democrat, was sworn in as Michigan’s 54th Attorney General on Jan. 1, 2019, according to a biography on her campaign website.

A graduate of the University of Michigan and Wayne State University Law School, Nessel lives in southeast Michigan with her wife, Alanna Maguire, and her twin sons, Alex and Zach.

Which states sued Trump over H-1B Visas?

Attorney General Nessel is joined by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maryland, Massachusetts, Minnesota, North Carolina, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin in filing the lawsuit.

The Free Press and Lansing State Journal contributed to this story.

Jalen Williams is a trending reporter at the Detroit Free Press. Contact him at [email protected].

Read more on Detroit Free Press

This news is powered by Detroit Free Press Detroit Free Press

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