Trump Faces First Lawsuit to Block Controversial $100,000 H-1B Visa Fee: What You Need to Know

A federal court is being asked to reject a new $100,000 fee for H-1B visa workers, put in place by the Trump administration. This request comes from a coalition of labor unions, health-care groups, academic institutions, religious organizations, and individual visa holders.

On September 19, the White House announced this fee as a new requirement for H-1B visa workers, widely used in the tech industry. This unexpected move led to confusion among employers and visa holders. Fortunately, officials later clarified that current visa holders would not be affected.

The lawsuit argues this fee violates key immigration laws, stating, “The President has no authority to unilaterally alter the comprehensive statutory scheme created by Congress.” The plaintiffs contend that imposing such fees or taxes for government revenue is beyond the president’s power.

This proclamation represents a significant shift in the employment-based immigration system, following a year of strict immigration measures. The Department of Homeland Security also proposed changes to the H-1B lottery process.

The abrupt announcement caused immediate chaos. Workers abroad hurried back to the U.S., often spending thousands on last-minute travel, while some who were already in the country canceled trips. Reports indicated that panic struck when travelers learned of the new fee, prompting some to request to leave flights.

The coalition warns that these changes will harm not just the visa holders but also disrupt schools, companies, and hospitals that rely on H-1B workers. This includes worsening shortages of teachers and nurses and hindering vital research at universities.

Major participants in the lawsuit include the United Auto Workers, the American Association of University Professors, and Global Nurse Force, which helps place international nurses in healthcare facilities. They are being represented by the Justice Action Center.

The lawsuit names President Trump and several administration officials as defendants. In response, a White House spokesperson stated that the new fee discourages abuse of the immigration system and protects American wages. They described the lawsuit as frivolous.

This situation highlights a growing concern among many sectors that depend on immigrant talent. According to a 2023 report by the Economic Policy Institute, industries like healthcare and technology face significant workforce shortages. With the H-1B visa changes, these challenges could become even more pronounced.

As public sentiments shift, social media has lit up with reactions from affected workers. Many express anxiety about job security and the ability to bring international talent into their organizations.

The case, known as Global Nurse Force v. Trump, was filed in the Northern District of California and remains closely watched amid ongoing debates about immigration policy in the U.S.

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