On October 3, 2025, a coalition of healthcare providers, educators, religious organizations, and labor unions filed a federal lawsuit in the Northern District of California challenging the Biden Administration’s new requirement that employers pay a $100,000 fee for certain new H-1B visa petitions.

The case, Global Nurse Force et al. v. Trump et al., argues that the fee—announced through a presidential proclamation and implemented by USCIS—exceeds executive authority, violates the Administrative Procedure Act (APA), and imposes irreparable harm on hospitals, universities, and nonprofits that rely on international professionals.

Key Points from the Lawsuit

Filed: October 3, 2025 (Case No. 3:25-cv-08454, N.D. Cal.)

Plaintiffs: Global Nurse Force, the American Association of University Professors, United Auto Workers, SEIU’s Committee of Interns & Residents, and several faith-based and educational institutions.

Claims: The President lacks statutory authority to impose the fee without congressional approval.

The rule was enacted without notice-and-comment rulemaking, in violation of the APA.

The policy is arbitrary and capricious, granting DHS and the State Department excessive discretion through vague “national interest” exemptions.

Relief Sought: A temporary restraining order (TRO) and preliminary injunction halting enforcement while litigation proceeds.

Current Status

As of this writing, no injunction or court order has been issued. The government has not yet filed its formal response. The case is assigned to Magistrate Judge Joseph C. Spero in San Francisco, with initial filings and disclosures due mid-October.

Why It Matters

If the rule is struck down or stayed, it could temporarily suspend the $100,000 payment requirement for new H-1B petitions. Employers and foreign nationals considering H-1B sponsorship should monitor the case closely, as an injunction could take effect on short notice.

Primary Sources

White House Proclamation: “Restriction on Entry of Certain Nonimmigrant Workers”

Reuters coverage: “Coalition Sues to Block $100,000 H-1B Fee”

Bloomberg Law analysis of the H-1B fee litigation

USCIS H-1B FAQ and Implementation Guidance