Lawsuit Challenges Trump’s $100,000 H-1B Entry Fee for Foreign Workers

A new legal challenge has been filed against U.S. President Donald Trump’s recent proclamation that bars certain H-1B workers from entering the United States unless their employers pay a $100,000 fee.

The policy, announced on September 19 and in effect since September 21, has already stirred significant backlash among immigration and business circles.

What the Lawsuit Says

The case, Global Nurse Force v. Trump (Case No. 3:25-cv-08454), was filed on October 3, 2025, in a California federal court by a coalition of organisations and individuals directly affected by the proclamation.

They argue that the President used Sections 212(f) and 215(a) of the Immigration and Nationality Act beyond his legal authority.

In simple terms, the plaintiffs say President Trump does not have the power to impose such a steep fee or effectively block visa entry through financial barriers. They’re asking the court to declare the proclamation unlawful and prevent federal agencies from enforcing it.

Agencies Also Under Fire

The lawsuit also targets the Department of Homeland Security (DHS) and the Department of State. It claims both agencies violated the Administrative Procedure Act by issuing guidance that supports the new rule without following proper rulemaking procedures.

If the court sides with the plaintiffs, it could require DHS and the State Department to process H-1B visa petitions under existing laws without the $100,000 fee.

Why This Matters for Employers and Workers

H-1B visas are critical for U.S. employers that depend on foreign professionals in specialised fields such as technology, engineering, and healthcare. The new fee, if upheld, could price out smaller employers or nonprofits that rely on international talent but cannot afford such costs.

For now, employers and H-1B applicants are in a holding pattern. This lawsuit could determine whether the court keeps, suspends, or permanently strikes down the $100,000 entry fee.

What Happens Next

The case is still in its early stages, and court decisions could come quickly given the direct impact on U.S. businesses and foreign professionals. Any ruling or injunction might change how employers file or process H-1B petitions almost overnight.

Immigration lawyers and companies hiring foreign workers are keeping a close eye on the developments. For now, it’s a waiting game, but one that could reshape how the H-1B program operates in the near future.