Trump’s $100k H-1B visa fee faces first lawsuit in San Francisco court
The plaintiffs include the United Auto Workers union, the American Association of University Professors, a nurse recruitment agency, and several religious organisations
- Oct 4, 2025,
- Updated Oct 4, 2025 8:11 AM IST
A coalition of unions, employers, and religious groups has filed a federal lawsuit in San Francisco to block President Donald Trump’s order imposing a $100,000 fee on new H-1B visas. The legal challenge, lodged on Friday, is the first against the proclamation Trump issued two weeks ago as part of his wider push to restrict immigration.
The plaintiffs include the United Auto Workers union, the American Association of University Professors, a nurse recruitment agency, and several religious organizations. They argue that while presidents may restrict the entry of certain foreign nationals, Trump cannot override the statute that created the H-1B program. “The Proclamation transforms the H-1B program into one where employers must either ‘pay to play’ or seek a ‘national interest’ exemption… a system that opens the door to selective enforcement and corruption,” the lawsuit said.
White House spokeswoman Abigail Jackson defended the order, saying it aimed to stop companies from “spamming the system and driving down American wages, while providing certainty to employers who need to bring the best talent from overseas.”
Under the program, U.S. employers in specialty fields, particularly technology, hire foreign workers through H-1B visas, with annual allocations of 65,000 plus 20,000 additional slots for those with advanced degrees. Sponsoring employers currently pay fees ranging from $2,000 to $5,000. Trump’s proclamation requires a fresh $100,000 payment before new recipients can enter the U.S., though current visa holders and those who applied before September 21 are exempt.
Trump justified the measure by invoking federal immigration law, arguing that “large-scale replacement of American workers” by lower-wage foreign labour undermines national security and discourages Americans from pursuing careers in science and technology.
The plaintiffs countered that the administration sidestepped rulemaking processes and ignored how “extorting exorbitant fees will stifle innovation.” They said the authority to impose taxes or fees rests with Congress, not the president.
According to U.S. government data, India remains the largest beneficiary of the H-1B program, accounting for 71% of visas last year, while China followed with 11.7%.
(With inputs from Reuters)
A coalition of unions, employers, and religious groups has filed a federal lawsuit in San Francisco to block President Donald Trump’s order imposing a $100,000 fee on new H-1B visas. The legal challenge, lodged on Friday, is the first against the proclamation Trump issued two weeks ago as part of his wider push to restrict immigration.
The plaintiffs include the United Auto Workers union, the American Association of University Professors, a nurse recruitment agency, and several religious organizations. They argue that while presidents may restrict the entry of certain foreign nationals, Trump cannot override the statute that created the H-1B program. “The Proclamation transforms the H-1B program into one where employers must either ‘pay to play’ or seek a ‘national interest’ exemption… a system that opens the door to selective enforcement and corruption,” the lawsuit said.
White House spokeswoman Abigail Jackson defended the order, saying it aimed to stop companies from “spamming the system and driving down American wages, while providing certainty to employers who need to bring the best talent from overseas.”
Under the program, U.S. employers in specialty fields, particularly technology, hire foreign workers through H-1B visas, with annual allocations of 65,000 plus 20,000 additional slots for those with advanced degrees. Sponsoring employers currently pay fees ranging from $2,000 to $5,000. Trump’s proclamation requires a fresh $100,000 payment before new recipients can enter the U.S., though current visa holders and those who applied before September 21 are exempt.
Trump justified the measure by invoking federal immigration law, arguing that “large-scale replacement of American workers” by lower-wage foreign labour undermines national security and discourages Americans from pursuing careers in science and technology.
The plaintiffs countered that the administration sidestepped rulemaking processes and ignored how “extorting exorbitant fees will stifle innovation.” They said the authority to impose taxes or fees rests with Congress, not the president.
According to U.S. government data, India remains the largest beneficiary of the H-1B program, accounting for 71% of visas last year, while China followed with 11.7%.
(With inputs from Reuters)