Trump Governance โSued Over New $100,000 H-1B Visa โFee
A coalition of organizations has filed a lawsuit challenging a recently implemented $100,000 fee imposed by the Trump administration on workers entering the U.S. on H-1B visas, commonlyโ used by tech companies. the complaint, filed October 3, 2025, in the U.S. district Court forโ the Northern District of California, alleges the fee violates both the Immigration and Nationality act and โtheโ Administrative Procedure Act.
The fee was initially announced by the White House on September 19th as a condition of entry for H-1B visa holders. The surprise declaration triggered โฃwidespread concern among employers and individuals outside theโ U.S.However, administration officials later clarified that the fee would not โฃapply to current H-1B visa holdersโข already in the โคcountry.
The lawsuit โคargues that the Presidentโข lacks the constitutional authority to โunilaterally impose โsuch fees, taxes, or revenue-generating mechanisms without Congressionalโ approval. Plaintiffs contend the โขadministration overstepped its bounds โฃin attempting to alter the established immigration framework.
The proclamation, effective September 21st, represents the Trump administration’s most significant effort to date to reshape the employment-based immigrationโ system, following โa year marked by increased deportation efforts. The Departmentโฃ of Homeland Security had also recently proposed changes to the H-1B program’s annual lottery system, shifting towards a wage-based selectionโ process.
The sudden imposition of the fee caused โimmediate disruption, withโค H-1B workers abroad rushing to return to theโ U.S., incurring significant travel expenses in some cases. Others already in the โU.S. cancelled planned โtrips, and some passengers on flights even requested โคto disembark upon hearing the news.
The lawsuit โฃfurther asserts that the policy will negatively impact โขvarious sectors,โข exacerbating shortages โคin critical fields like teaching and nursing, hindering universityโค research, and limiting the ability of religious organizations toโข secure staff withโ necessary languageโข skillsโค and cultural understanding.
Plaintiffs in the case include the United Auto Workers, the American Association of University Professors, the Catholic missionary Society of the Divine Word, and Global โฃnurse Force, a healthcare โstaffingโ agency specializing inโข international nurses. They are representedโข by attorneys at the justice Action Center.
The lawsuit names President Donald Trump, Homeland Security Secretary Kristi Noem, secretary of State Marco Rubio, US Citizenship and Immigration Services Director Joseph Edlow, and โคUS customs and Border Protection Commissioner Rodney Scott โขas defendants.
The White House defended the โfee, stating itโ aims to discourage companies โคfrom exploiting theโ H-1B system to suppressโข American wages while ensuringโ access โto top talent.Spokesperson Abigail Jacksonโข dismissed the lawsuit as aโค “frivolous” attempt by “liberal groups” with a history of similar legal challenges.
The case is Global Nurse force v. Trump, N.D. Cal., No.3:25-cv-08454.