On Friday, October 3, 2025, a lawsuit was filed in the U.S. District Court for the Northern District of California against the proclamation that would impose a $100,000 fee on H-1B visas. This lawsuit, titled “Global Nurse Force v. Trump,” was filed by a multi-sector coalition comprising labor unions, healthcare workers, educators and schools, and religious groups.
Legal Arguments Against the $100K H-1B Fee
The coalition has challenged that the H-1B proclamation is an unconstitutional overreach of executive power and a violation of federal administrative law.
While the Trump administration claimed that the “restriction on entry” was necessary to protect U.S. jobs and wages, particularly in STEM fields, the suit asserts:
- The fee is unconstitutional, and its impact will be felt well beyond the “Big Tech” industry. Examples within the lawsuit highlight that national staffing shortages currently strain the healthcare sector, and higher education and research organizations argue that the fee will “cripple American Innovation.”
- The Trump administration violated the Administrative Procedure Act by implementing the fee with immediate effect “without good cause.” The complaint highlights that the rollout caused confusion and panic, evidence that the policy was implemented without reasoned or deliberate decision-making, supporting the claim that it is “arbitrary and capricious” under the Administrative Procedure Act.
- The president does not have the authority to unilaterally impose fees or other sources of revenue for the United States. President Trump suggested the revenue generated would be used for fiscal purposes. Under the U.S. Constitution, the “power of the purse” is the authority to levy taxes and raise revenue – an exclusive power belonging to Congress and a key part of the argument that the proclamation is an unconstitutional executive overreach.
Who Are the Plaintiffs?
Key plaintiffs in the lawsuit include organizations from a wide variety of sectors, including:
- Global Nurse Force: a company that connects international nurses with U.S. hospitals. They argue the $100,000 fee per nurse is an “insurmountable barrier for its clients”, many of whom are non-profit hospitals operating on thin margins.
- Global Village Academy Collaborative (GVAC): a non-profit that operates public charter schools in Colorado, relies on the H-1B program to hire native-speaking teachers for its K-8 language immersion programs in Spanish, Mandarin, Russian, and French.
- UAW and the American Association of University Professors (AAUP): representing tens of thousands of academic workers, who argue the fee will cripple American innovation.
- Society of the Divine Word and Fathers of St. Charles, religious institutions that both depend on H-1B visas to employ priests with specific linguistic and cultural skills necessary to minister to their diverse congregations, which include Polish, Spanish, and Vietnamese-speaking migrants and refugees
What the Plaintiffs Are Asking the Court to Do
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The plaintiffs ask the court to declare the $100,000 H-1B fee unlawful and unconstitutional.
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They seek an immediate injunction to stop enforcement of the fee while the case proceeds.
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They request that agencies resume processing H-1B petitions under prior rules, without the new payment requirement.
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The court’s ruling will determine whether the H-1B program continues under the existing or pre-proclamation framework.
Next Steps and Timeline of the Lawsuit
- The government defendants have up to 60 days to file their initial response to the lawsuit. This can be either an “Answer,” a response to specific allegations, or a “Motion to Dismiss,” or thrown out on legal grounds.
- If the case continues to the next step, it enters the discovery phase, frequently the longest part of litigation and can last for many months. During this stage, both parties gather evidence from one another through formal requests for documents, written questions, and sworn testimony.
- After discovery is complete, either side may file a motion for summary judgment. This asks the judge to decide the case without a trial. Many cases are resolved at this stage.
- If the case is not dismissed or settled, evidence is presented in a trial, and a final decision is made.