Trump Faces First Legal Challenge Over $100,000 H‑1B Entry Fee

On October 3, 2025, a coalition of labor unions, healthcare providers, academic institutions, and religious groups, filed a lawsuit urging a federal court to strike down the $100,000 fee imposed on new H-1B petitions by the Trump administration for workers outside the United States.

What the Lawsuit Says

The lawsuit, filed in the U.S. District Court for the Northern District of California, argues that the fee which took effect September 21, violates both the Immigration and Nationality Act and the Administrative Procedure Act. Plaintiffs claim the President lacks authority to unilaterally impose a fee of this kind, especially one designed to raise revenue or direct government spending.

The Trump administration’s sudden rollout of the H-1B fee caused immediate disruptions:

Workers abroad scrambled to return to the United States, paying steep travel costs.
Others inside the U.S. canceled planned international travel.
Some even asked to deplane midflight upon hearing the news.

The fee is seen by critics as a threat to institutions that rely heavily on skilled foreign workers—such as universities, health systems, and religious groups—particularly in fields already facing staffing shortages.

Who’s Behind the Case

Plaintiffs include the United Auto Workers, the American Association of University Professors, the Society of the Divine Word (a Catholic missionary group), and Global Nurse Force, which helps place international nurses. The lawsuit names President Trump, DHS Secretary Kristi Noem, Secretary of State Marco Rubio, and other top immigration officials.

The case is titled Global Nurse Force v. Trump.

Administration Response

A White House spokesperson defended the fee, framing it as a tool to prevent abuse of the H‑1B program and to offer clarity for employers while prioritizing American wages.

Likelihood of the Lawsuit’s Success

It is likely that the $100,000 H‑1B fee could be temporarily blocked by the courts in the near future. Plaintiffs argue the fee lacks legal and procedural backing, and a ruling on an injunction is expected in the coming weeks. If granted, employers may file H‑1B petitions without paying the fee while the lawsuit is pending in court.

The Law Offices of Jacob J. Sapochnick is closely tracking the litigation and will share updates as new developments arise.

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