News Releases

Attorney General Jones Opposes Attempt by Trump Administration to Impose Unlawful Taxes on H-1B Visas 

RICHMOND, Va. — Attorney General Jones today joined a coalition of 22 attorneys general in filing a comment letter opposing the Trump Administration’s proposed rule that once again attempts to impose a $100,000 tax on petitions for H-1B visas. H-1B visas allow state and local governments to address nationwide shortages of critical service providers like teachers, physicians, and nurses by hiring highly skilled workers who are not U.S. residents. In the comment letter, Attorney General Jones and the coalition argue that the proposed rule would damage states’ ability to fill staff shortages in crucial fields, would overstep the administration’s legal authority, lacks proper justification, and does not provide enough time for public feedback. 

“Individuals in this class are more than just names on papers – they are our teachers, doctors, nurses, caretakers, and more. They are our neighbors and friends and family. They have filled out every form and met every government demand to come here and be part of the American Dream,” said Attorney General Jay Jones. “Donald Trump is trying to close the door by pushing the boundaries of executive power, indifferent to the burden this proposed rule will put on Virginians. Here in Virginia, we fight for our communities, and my office will use every legal tool to make sure this proposal doesn’t go any further.” 

On August 25, 2026, the U.S. Department of Homeland Security’s Citizenship and Immigration Services (USCIS) issued a notice of proposed rulemaking that would impose a tax of $103,265 on non-cap-exempt employers, even though the administration’s recent attempt to impose a similar tax had been struck down. In today’s comment letter, Attorney General Jones and the coalition urge USCIS to withdraw the proposed rule. Attorney General Jones and the coalition argue that: 

• The proposed H-1B visa tax would substantially harm states’ abilities to remedy staff shortages in fields crucial to their residents’ well-being, including primary and secondary schooling and healthcare.  

• The proposed rule exceeds USCIS’s legal authority under the Immigration and Nationality Act. 

• The proposed rule constitutes the imposition of a tax, which requires authorization from Congress that USCIS has not received.  

• The proposed rule violates the Administrative Procedure Act, as USCIS both fails to adequately justify the burdens the tax would impose on states and fails to consider less harmful alternatives. 

• USCIS has provided an unusually short 30-day period for public comment on the proposed rule without providing proper justification. 

In filing the comment letter, Attorney General Jones joins the attorneys general of California, Massachusetts, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Washington, and Wisconsin.  

Published on: September 25, 2026

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