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Unions, Universities and Employers Sue to Block Trump’s $100,000 H-1B Fee

The case argues the president lacks authority to impose a new H-1B charge without congressional approval.

Overview

  • A coalition filed the first major challenge on Friday in the U.S. District Court for the Northern District of California, targeting a proclamation issued last month.
  • Plaintiffs including the United Auto Workers, the American Association of University Professors, and advocacy and religious groups allege constitutional overreach, APA violations, and a "pay to play" scheme that invites selective enforcement.
  • The White House says the move is lawful and meant to deter abuse and protect wages, and it clarifies the $100,000 payment is a one-time charge for new petitions only, excluding renewals, current holders, and filings before September 21.
  • Trump’s order bars entry for new H-1B recipients unless their employer pays the additional $100,000, a sharp jump from typical fees of roughly $2,000 to $5,000 per petition.
  • The dispute unfolds as DHS proposes a wage-weighted selection to replace the lottery, and as sectors such as tech, healthcare, and higher education warn of disruption, with Indian nationals—about 71% of approvals—most affected.