A coalition comprising labor unions, health-care providers, academic institutions, religious organizations, and individual visa holders has filed a lawsuit urging a federal court to set aside a new $100,000 fee imposed on H-1B workers by the Trump administration. This fee was introduced as a condition of entry for workers holding H-1B visas, which are extensively utilized by technology employers. The controversial proclamation issued by the White House on September 19 triggered widespread panic among employers and potential workers outside the United States.
Following the announcement of the new fee, administration officials clarified that it would not apply to current visa holders. However, the lawsuit, filed in the US District Court for the Northern District of California, argues that imposing this fee violates both the Immigration and Nationality Act and the Administrative Procedure Act. The plaintiffs contend, “The President has no authority to unilaterally alter the comprehensive statutory scheme created by Congress.” They emphasize that the President lacks the power to impose fees, taxes, or other revenue-generating mechanisms without congressional approval.
The proclamation, effective September 21, represents a significant shift by the Trump administration aimed at disrupting the employment-based immigration system. This move follows a year marked by a mass deportation campaign. In addition to the new fee, the Department of Homeland Security has proposed an overhaul of the annual lottery process for the H-1B program. The lawsuit claims that the administration's abrupt announcement caused immediate harm to the plaintiffs, with many H-1B workers currently abroad scrambling to return to the U.S., incurring substantial travel costs in the process.
Moreover, some visa holders in the U.S. canceled planned trips, while others who had already boarded flights panicked upon hearing the news and requested to deplane. The plaintiffs argue that the proclamation, along with associated agency policies, threatens to disrupt companies, schools, and institutions that rely on the H-1B visa program. The potential fallout includes exacerbating shortages of teachers and nurses, interfering with crucial research at universities, and hindering religious organizations from acquiring staff with the necessary language skills and cultural knowledge to serve diverse communities.
The lawsuit is backed by a diverse group of plaintiffs, including the United Auto Workers, the American Association of University Professors, the Catholic missionary Society of the Divine Word, and Global Nurse Force, an organization placing international nurses in health-care facilities. Attorneys from the Justice Action Center represent the coalition in this significant legal challenge.
The lawsuit targets prominent figures, including 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. In response to the lawsuit, a White House spokesperson claimed that the administration's actions regarding H-1B visas aim to discourage businesses from “spamming the system and driving down American wages,” while providing certainty to employers needing to recruit top talent from abroad. The spokesperson, Abigail Jackson, further stated, “The Administration’s actions are lawful, and challenges by liberal groups, like Democracy Forward, who have made a habit of filing frivolous lawsuits, should not be taken seriously.”
