A coalition of organisations and individuals has filed a lawsuit in federal court challenging President Donald Trump’s recent proclamation that imposes a $100,000 fee on certain H-1B visa petitions.
The case, Global Nurse Force v. Trump (Case No. 3:25-cv-08454), was filed on October 3 in the U.S. District Court for the Northern District of California. The proclamation, issued on September 19 and effective since September 21, bars specialty occupation employees from entering the United States unless their employers pay the six-figure fee.
According to the complaint, the plaintiffs argue that President Trump exceeded his authority under Sections 212(f) and 215(a) of the Immigration and Nationality Act, the provisions cited in the proclamation. They also contend that guidance issued by the Department of Homeland Security and the Department of State violates the Administrative Procedure Act.
The lawsuit seeks a court order declaring the proclamation and related guidance unlawful, halting enforcement of the $100,000 fee, and requiring the government to process H-1B petitions under existing law without the new payment condition.
If granted, the injunction could significantly affect U.S. employers that rely on foreign talent in specialized fields such as healthcare, technology, and engineering.
