First Lawsuit Challenges Trump’s $100,000 H-1B Entry Fee
A coalition of labor unions, healthcare providers, academic groups, and individual visa holders has filed a lawsuit challenging the Trump administration’s newly imposed $100,000 fee on H-1B visa applicants. This legal action argues that the fee, announced in a White House proclamation on September 19, violates federal laws governing immigration. The plaintiffs seek to have the court annul this fee as a condition for entry for foreign workers.
Details of the Lawsuit
The lawsuit was filed in the U.S. District Court for the Northern District of California. It claims that the imposition of the fee contravenes the Immigration and Nationality Act and the Administrative Procedure Act. The plaintiffs contend that the President lacks the authority to unilaterally impose fees or taxes. This case, titled Global Nurse Force v. Trump, was filed on October 3, 2025.
Background of the Proclamation
The proclamation took effect on September 21 and has been characterized as a major disruption to the employment-based immigration system. The announcement incited panic among employers and visa holders, especially those outside the United States. Administration officials later clarified that the fee would not apply to current visa holders.
Expert Opinions
The plaintiffs argue that the proclamation and its related policies could have damaging effects on various sectors. They highlight potential repercussions, including:
- Increased shortages of teachers and nurses
- Disruptions in university research
- Challenges for religious organizations in hiring staff with necessary language skills
Stakeholders Involved in the Case
The coalition includes notable organizations such as:
- United Auto Workers
- American Association of University Professors
- Catholic Missionary Society of the Divine Word
- Global Nurse Force
They are represented by attorneys from the Justice Action Center. The lawsuit names several key figures, including President Donald Trump, Secretary of Homeland Security Kristi Noem, Secretary of State Marco Rubio, and others in immigration enforcement agencies.
Government Response
A spokesperson for the White House defended the administration’s position. They argued that the fee policy aims to discourage abuses within the H-1B visa system. The spokesperson stated that the administration’s actions are lawful and criticized the lawsuit as frivolous.
The outcome of this legal battle could significantly impact the future of H-1B visas and employment-based immigration practices in the United States.
