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Lawsuit challenges $100,000 H1B visa filing fee

Published 10 October 2025

A coalition of health care providers, educators, religious organizations and labor groups filed a lawsuit Friday in U.S. District Court in Northern California challenging President Trump’s Sept. 19 proclamation that imposes a $100,000 fee on employers for each new H1B visa application. The plaintiffs say the charge will exacerbate staffing shortages, force some organizations to curtail services and destabilize operations in hospitals, schools and faith communities across the country, particularly in rural and underserved areas.

The administration said the fee is necessary to curb abuses of the H1B program and to encourage employers to prioritize domestic workers. The White House has said the charge will not apply to existing visa holders and has offered a process to request exemptions. The Department of Homeland Security declined to comment and directed inquiries to its website.

The complaint, brought by a mix of employers and unions and backed by several public-interest legal groups, details economic and operational harms it predicts will follow the fee. Global Nurse Force, a staffing agency that says it supports more than 10,000 nurses at over 175 hospitals, told the court...

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