Former President Trump faces a lawsuit regarding a $100,000 H-1B visa fee that has reportedly plunged employers, employees, and federal agencies into disarray.

Trump
On Tuesday, September 30, 2025, President Donald Trump addressed the nation from the Oval Office at the White House in Washington.
AP Photo/Alex Brandon

A group of healthcare providers, religious organizations, and universities has launched what seems to be the initial significant objection to the recently introduced $100,000 fee required for H-1B visa applications. Professors and other individuals filed a federal lawsuit on Friday, aiming to halt the plan. They contend that it has created widespread confusion for employers, employees, and federal agencies.

On September 23rd, President Donald Trump issued a proclamation. requiring the new fee, stating that the H-1B visa program "has been intentionally used to substitute American workers with lower-paid foreign labor, instead of augmenting the existing workforce." paid less, requiring fewer skills.” Employers panicked as the alterations were set to take effect in 36 hours, leading them to tell their employees to journey back to the USA promptly.

The legal action, initiated in the United States The San Francisco District Court stated that the H-1B program is a vital route for recruiting healthcare professionals and teachers. According to the lawsuit, this fosters innovation and economic expansion within the U.S., while also enabling businesses to recruit workers for niche professions.

Without support, medical professionals will depart hospitals, congregations will see their pastors leave, schools will face teacher shortages, and numerous industries nationwide are at risk. Democracy Forward Foundation and Justice Action Center issued a press release stating, "losing key innovators." The lawsuit requests the court to promptly take action and reestablish certainty for both employers and employees.

Critics denounced the new fee as “Trump’s most recent attempt to exert immigration control.”

Messages seeking comment from the Department of Homeland Security and U.S. Customs and Border Protection, which are named as defendants along with Trump and the State Department, were not immediately returned.

The H-1B visa program was created by Congress to attract high-skilled workers to fill jobs that tech companies find difficult to fill. About a third of H-1B workers are nurses, teachers, physicians, scholars, priests and pastors, according to the lawsuit.

Critics say the program is a pipeline for overseas workers who are often willing to work for as little as $60,000 annually, well below the $100,000-pl us salaries typically paid to U.S. technology workers.

Historically, H-1B visas have been doled out through a lottery. This year, Seattle-based Amazon was by far the top recipient of H-1B visas with more than 10,000 awarded, followed by Tata Consultancy, [[INLINE _1]], Apple and Google. Geographically, California has the highest number of H-1B workers.

The $100,000 fee will discourage the best and brightest minds from bringing life-saving research to the U.S., said Todd Wolfson, president of the Amer ican Association of University Professors.

Mike Miller, Region 6 Director of the United Automobile, Aerospace and Agricultural Implement Workers of America, said Trump’s plan “prioritizes wealt h and connections over scientific acumen and diligence.”

Skye Perryman, president and CEO of Democracy Forward, contends the “exorbitant fee” invites corruption and is illegal. Congress created the program and Trump can’t rewrite it overnight or levy new taxes by executive order, the groups said.

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