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

Plaintiffs argue the president cannot unilaterally levy a revenue‑raising charge and warn it would cut off skilled hires that hospitals, schools and nonprofits rely on.

Overview

  • The case, Global Nurse Force et al v. Trump et al (N.D. Cal., No. 3:25-cv-08454), was filed Oct. 3–4 in federal court in San Francisco.
  • The coalition seeks a temporary restraining order and preliminary injunction to halt enforcement and to require agencies to process petitions under the prior statutory fee structure.
  • Their complaint contends the proclamation exceeds presidential authority, violates the Constitution’s power of the purse and the Administrative Procedure Act, and runs afoul of the major‑questions and nondelegation doctrines.
  • Immigration agencies have said the six‑figure charge does not apply to current H‑1B holders or approved petitions and would attach to new cap‑subject filings starting with the spring 2026 lottery, with many implementation details still unresolved.
  • Plaintiffs include Global Nurse Force, academic and religious groups, and unions, and they cite immediate harms such as halted nurse recruitment, worsened hospital staffing—especially in rural and inner‑city facilities—and disruption for universities and major employers.