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Business Groups, Unions Sue to Block Trump’s $100,000 H‑1B Surcharge

A broad coalition has asked a federal court to halt the new charge, arguing the president lacks authority to remake visa fees by proclamation.

Overview

  • Global Nurse Force et al v. Trump was filed in the Northern District of California on October 3 seeking a temporary restraining order and preliminary injunction against the surcharge.
  • The plaintiffs include health care providers, the AAUP, UAW affiliates, schools, and religious organizations, who say the fee is unconstitutional and violates the Administrative Procedure Act.
  • USCIS and CBP guidance clarified the fee is a one‑time charge for new H‑1B petitions filed after September 21 and does not apply to most current holders or already approved cases.
  • A separate letter from major industry groups representing chipmakers, software firms, and retailers warned the fee would choke talent pipelines across technology, health care, and finance.
  • The White House defended the policy as a curb on visa abuse to protect U.S. workers, while some analysts cautioned it could push high‑value work offshore, particularly affecting Indian professionals.