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Coalition Sues in California to Block Trump’s $100,000 H‑1B Fee

The filing asks a federal judge to halt the surcharge, arguing the president lacks authority to impose it and that it would upend the congressionally created visa program.

Overview

  • The lawsuit, Global Nurse Force et al v. Trump (3:25-cv-08454), was filed Friday in the U.S. District Court for the Northern District of California by healthcare, academic, religious and labor groups including Global Nurse Force, AAUP and UAW.
  • Plaintiffs seek a temporary restraining order and preliminary injunction to stop agencies from enforcing the Proclamation’s $100,000 requirement while the case proceeds.
  • The complaint contends the fee violates the Constitution’s power of the purse, the Immigration and Nationality Act and the Administrative Procedure Act, and invokes the nondelegation and major-questions doctrines.
  • The Proclamation, signed September 19 and effective September 21, conditions entry for new H‑1B cases on a one‑time $100,000 payment with a discretionary national‑interest exemption; agency guidance since then has left key scenarios unclear.
  • Hospitals, schools and faith organizations warn of immediate staffing harms, with court filings citing halted nurse recruitment and unaffordable costs for hundreds of hires, while commentators argue the fee would effectively end most H‑1B usage.