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Coalition Sues to Block Trump’s $100,000 H‑1B Fee as Businesses Warn of Damage

Plaintiffs in a California federal court argue the new charge for fresh petitions exceeds presidential authority.

Overview

  • The September 19 proclamation imposes a one‑time $100,000 assessment on new H‑1B petitions, with agencies clarifying it does not apply to renewals or current visa holders.
  • Global Nurse Force et al v. Trump was filed October 3 in the Northern District of California by unions, health‑care providers, academic groups, religious organizations and individual foreign nationals.
  • The complaint alleges constitutional and Administrative Procedure Act violations, calling the fee an unauthorized tax and invoking the major‑questions and nondelegation doctrines.
  • Industry groups representing software, semiconductor and retail companies urged reversal in a letter, warning the fee would choke critical talent pipelines and leave jobs unfilled.
  • Hospitals and universities say the six‑figure cost would halt nurse recruitment and strain research hiring, while the White House defends the policy as targeting abuse to protect U.S. workers and some executives, including Nvidia’s Jensen Huang, voiced support.