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Published 05 Oct, 2025 07:23am

Lawsuit filed against Trump’s fee for H-1B visas

SAN FRANCISCO: A coalition of unions, employers and religious groups filed a lawsuit on Friday seeking to block United States President Donald Trump’s bid to impose a $100,000 fee on new H-1B visas for highly-skilled foreign workers.

The lawsuit filed in federal court in San Francisco is the first to challenge a proclamation Trump issued two weeks ago announcing the fee as the Republican president moves to further restrict immigration to the US.

The group argued that the new fee is illegal and will thwart a key conduit for innovation and economic growth in the US. “Without relief, hospitals will lose medical staff, churches will lose pastors, classrooms will lose teachers, and industries across the country risk losing key innovators,” the coalition said.

“The suit asks the court to immediately block the order and restore predictability for employers and workers,” it added.

Plaintiffs include the United Auto Workers union, the American Association of University Professors, a nurse recruitment agency and several religious organisations. They argued that Trump’s power to restrict the entry of certain foreign nationals does not allow him to override the law that created the visa program.

The plaintiffs also said that president has no authority to alter the statutory scheme governing the program. They contend he cannot unilaterally impose fees or taxes under the US Constitution, saying that power is reserved for Cong­ress. “The Proclamation transforms the H-1B program into one where employers must either ‘pay to play’ or seek a ‘nati­o­nal interest’ exemption, which will be do­­led out at the discretion of the Secretary of Homeland Security, a system that opens the door to selective enforcement and corruption,” the lawsuit said.

The lawsuit also argues that government agencies adopted new policies to implement Trump’s proclamation without following necessary rulemaking processes or considering how “extorting exorbitant fees will stifle innovation.”

Published in Dawn, October 5th, 2025

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