United States: Lawsuit Filed Challenging New H-1B Restrictions and $100,000 Fee
October 3, 2025
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At a glance
- Several organizations and individuals have filed a lawsuit challenging President Trump’s September 19 proclamation that bans certain specialty occupation H-1B employees from entering the United States unless their employer has paid a $100,000 fee.
- The lawsuit alleges that the $100,000 fee exceeds the President’s authority and plaintiffs are requesting that the proclamation and fee be set aside as unlawful, along with any related agency guidance.
The issue
Today, a group of organizations and individuals filed a lawsuit in a California federal district court challenging President Trump’s September 19 presidential proclamation that bans certain H-1B specialty occupation employees from entering the United States unless their employer has paid a $100,000 fee, restrictions that have been in effect since September 21. The lawsuit is Global Nurse Force v. Trump, Case No. 3:25-cv-08454 (N.D. Ca., filed October 3, 2025).
In the complaint, Plaintiffs allege that President Trump exceeded his authority under Immigration and Nationality Act Sections 212(f) and 215(a) – the legal bases cited in the proclamation – when he imposed the $100,000 fee. The complaint also alleges that the Department of Homeland Security and the Department of State violated the Administrative Procedure Act in issuing their guidance on the proclamation. The plaintiffs are asking the court to declare unlawful the proclamation and related agency guidance, to enjoin the government from assessing the $100,000 fee on H-1B petitions, and to require it to process H-1B petitions under current law without the payment condition.
Fragomen is closely following the progress of the lawsuit and other matters related to the proclamation and will issue updates as developments occur. Employers and foreign nationals should stay on top of developments in the case, as court orders could mean new instructions for H-1B nonimmigrants and their employers with little notice.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
