A broad coalition of unions, universities, hospitals, and faith-based organizations has filed a federal lawsuit to block President Donald Trump’s latest executive action on immigration — an order that imposes a $100,000 fee on every new H-1B visa application.
Filed in the U.S. District Court for the Northern District of California, Global Nurse Force et al. v. Trump et al. challenges the September 19 proclamation as unconstitutional and unlawful under the Administrative Procedure Act. The fee, made effective less than two days after being announced, has already caused what advocates call “chaos” for employers and federal agencies.
The plaintiffs are represented by Democracy Forward, the Justice Action Center, the South Asian American Justice Collaborative, and other immigration and civil-rights groups. Their clients include health-care providers, religious institutions, schools, and unions such as the American Association of University Professors (AAUP) and United Automobile Workers (UAW) locals representing academic employees. Together, they argue that the proclamation unlawfully rewrites a program established by Congress to attract global talent in high-demand fields.
The H-1B visa program allows U.S. employers to hire qualified foreign professionals — including doctors, nurses, engineers, teachers, and researchers — to fill shortages in key industries. Congress currently caps approvals at 65,000 visas per year, with an additional 20,000 set aside for applicants holding advanced U.S. degrees.
Critics say the administration’s abrupt fee hike effectively shuts down access to these workers. “Trump’s restrictions on H-1B visa applications will lead to less lifesaving research, reduced innovation, and diminished competitiveness,” said Todd Wolfson, president of the American Association of University Professors. “By discouraging the best and brightest minds from around the world—individuals who have enriched American higher education for decades—he’s sending a message: ‘You’re not welcome here. Go elsewhere.’”
Health-care organizations warn that the order will worsen existing staffing shortages. “Resident physicians with H-1B visas are highly skilled professionals who provide high-quality and compassionate care,” said Dr. Taylor Walker, president of the Committee of Interns and Residents/SEIU. “The unconscionable fee … will have a devastating impact on our patients and their communities.”
Labor leaders also framed the move as an attack on scientific and academic collaboration. “This edict makes clear the U.S. is no longer open to the world’s most brilliant and hardworking scientists,” said Mike Miller, UAW Region 6 director.
Democracy Forward President and CEO Skye Perryman called the fee a “six-figure immigration ransom,” adding that it “invites corruption and is unlawful, destabilizing, and bad for everyone.” Karen Tumlin, founder of the Justice Action Center, said the administration has “slammed the door on the employers who need [H-1B workers], and the communities they serve.”
The White House has defended the order as an effort to “discourage companies from spamming the system and driving down American wages,” according to spokeswoman Abigail Jackson. Officials say the fee applies only once to new applicants and not to renewals.
Plaintiffs argue the order circumvents congressional authority, introduces arbitrary exemptions, and threatens public institutions that depend on H-1B employees. Universities and hospitals say they cannot absorb a six-figure cost per worker, while economists warn the policy could push U.S. research and innovation overseas.
If left in place, the complaint contends, “hospitals will lose medical staff, churches will lose pastors, classrooms will lose teachers, and industries across the country risk losing key innovators.” The coalition is asking the court to block the order immediately and restore stability to employers and workers who rely on the program.
