Trump Governance Sued Over New $100,000 H-1B Visa Fee
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, commonly used by tech companies. the complaint, filed October 3, 2025, in the U.S. district Court for the Northern District of California, alleges the fee violates both the Immigration and Nationality act and the 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 widespread concern among employers and individuals outside the U.S.However, administration officials later clarified that the fee would not apply to current H-1B visa holders already in the country.
The lawsuit argues that the President lacks the constitutional authority to unilaterally impose such fees, taxes, or revenue-generating mechanisms without Congressional approval. Plaintiffs contend the administration overstepped its bounds in 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 immigration system, following a year marked by increased deportation efforts. The Department of Homeland Security had also recently proposed changes to the H-1B program’s annual lottery system, shifting towards a wage-based selection process.
The sudden imposition of the fee caused immediate disruption, with H-1B workers abroad rushing to return to the U.S., incurring significant travel expenses in some cases. Others already in the U.S. cancelled planned trips, and some passengers on flights even requested to disembark upon hearing the news.
The lawsuit further asserts that the policy will negatively impact various sectors, exacerbating shortages in critical fields like teaching and nursing, hindering university research, and limiting the ability of religious organizations to secure staff with necessary language skills 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 nurse Force, a healthcare staffing agency specializing in international nurses. They are represented 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 US customs and Border Protection Commissioner Rodney Scott as defendants.
The White House defended the fee, stating it aims to discourage companies from exploiting the H-1B system to suppress American wages while ensuring access to top talent.Spokesperson Abigail Jackson dismissed the lawsuit as a “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.
