June Relaunch: exclusive discounts coming soon
Xender Facebook logo Linkedin logo Instagram logo Youtube logo
  (+1) 469 463 5461
WhatsApp
WhatsApp Message

Lawsuit Surfaces Against $100,000 H-1B Visa Hike: What You Need to Know

Lawsuit Surfaces Against $100,000 H-1B Visa Hike: What You Need to Know

Last Friday, a coalition of unions, employers, and religious groups filed a lawsuit with the objective of stopping U.S. President Donald Trump’s plan to impose a $100,000 H-1B Visa fee for foreign workers. This news has been reported by multiple outlets, including Reuters and Business Standard.

This lawsuit has reportedly been filed in the federal court in San Francisco, being the first legal challenge against the administration on this new imposition. Usually, in the H-1B visa programme, US employers can hire highly skilled foreign workers. Previously, the employers were required to pay fees ranging from $2,000 to $5,000. However, according to the new imposition, the next generation of visa holders will not be able to gain entry into the US unless their employers pay the $100,000. With this context in mind, let us take a closer look at the recent lawsuit that has surfaced against this policy.

As a leading mentor of EB-1A green cards, it falls in our responsibilities to constantly stay updated on all the ups and downs in the visa landscape. We invite you to zoom into this recent news of the lawsuit with us.

What is the claim of the lawsuit?

The lawsuit iterates that the H-1B programme is indispensable and essential for hiring healthcare workers, educators and other industry specialists; and the programme also drives steady and consistent economic growth in the US. The group also argues that the foreign talents are essential for the nation’s overall economic growth.

As spearheaders of the lawsuit, Democracy Forward Foundation and the Justice Action Centre have commented the following in a press release:

“Without relief, hospitals will lose medical staff, churches will lose pastors, classrooms will lose teachers, and industries across the country risk losing key innovators.”

In light of this sentiment, the group has urged the court to block the fee immediately and make the H-1B programme safe and inclusive for all employers and workers.

The allegation of ‘unlawful move’

Moreover, the plaintiffs have described the imposed fee as a “latest anti-immigration grab”. The lawsuit further argued that Trump’s move is unlawful as it twists the H-1B programme without the necessary congressional approval. As a result, according to the lawsuit, the employers are now forced to either pay or seek a ‘national interest’ exemption. The latter tendency can open the door to selective enforcement and corruption, the lawsuit argued.

To quote verbatim, Reuters has reported the suit to comment on the following:

“The Proclamation transforms the H-1B programme 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 groups to bring the lawsuit to the table consist of the United Auto Workers, the American Association of University Professors, a nurse recruitment agency, and myriad other religious groups and organisations. They stay resolved in their argument that it is ‘unlawful’ to override the law that created and shaped the H-1B programme.

For more insights and latest news on the immigration landscape, whether H-1B visa or EB-1A green card, stay tuned to GCEB1. We are updating you on all the latest changes by the hour.

Sources & further readings

  1. India Today. “Trump’s $100,000 H-1B Visa Fee Hike Faces Legal Challenge in US Court.” India Today, October 4, 2025.
  2. “Will H-1B Visa Fee Lawsuit — The New York Times Article.” The New York Times, October 3, 2025.
  3. Wiessner, Daniel, and Nate Raymond. “Trump’s $100,000 Fee for H-1B Worker Visas Challenged in Lawsuit.” Reuters, October 3, 2025.
  4. “Coalition Files Lawsuit against $100,000 H-1B Visa Fee.” AP News, October 3, 2025.
Recent Post
April 2025 Visa Bulletin: Key Changes Affecting India’s EB-1, EB-2, and EB-3 Visa Applicants
April 2025 Visa Bulletin: Key Changes Affecting India’s EB-1, EB-2, and EB-3 Visa Applicants

Immigrants awaiting green cards depend on the US Department of State’s Visa Bulletin for updates, especially those applying through the employment-based (EB) visa from India
Why EB-2 NIW Might Not Be a Suitable Avenue for Indian & Chinese Nationals
Why EB-2 NIW Might Not Be a Suitable Avenue for Indian & Chinese Nationals

The EB-2 National Interest Waiver (EB-2 NIW) has long appealed to talented professionals who believe they have something to contribute to the national interests of the U.S. It allows self-petitioning without employer sponsorship and skips the PERM labour-certification step. On paper, it may sound elegant.

Can Giving Birth in the U.S. on a Tourist Visa Lead to Visa Cancellation? Rumours vs. Reality
Can Giving Birth in the U.S. on a Tourist Visa Lead to Visa Cancellation? Rumours vs. Reality

Several of our acquaintances on tourist visas have queried whether giving birth on a tourist visa automatically leads to the cancellation of the same. Moreover, there is a great deal of misconceptions and rumours surrounding this issue. This is precisely why our EB-1A experts have picked this topic to discuss in detail.

Republican Congresswoman Proposes Bill to End H-1B: Everything You Need to Know
Republican Congresswoman Proposes Bill to End H-1B: Everything You Need to Know

Only a few days after Donald Trump’s defense of the H-1B visa Program, Republican Congresswoman Marjorie Taylor Greene put forward a new bill designed to destroy the core of the H-1B program.

Lawsuit Surfaces Against $100,000 H-1B Visa Hike: What You Need to Know
Lawsuit Surfaces Against $100,000 H-1B Visa Hike: What You Need to Know

Last Friday, a coalition of unions, employers, and religious groups filed a lawsuit with the objective of stopping U.S.
Survey Says Indian Immigrants in U.S. Are Scared of Traveling: A New Age of Visa Rules
Survey Says Indian Immigrants in U.S. Are Scared of Traveling: A New Age of Visa Rules

In late 2025, a striking new trend emerged from the United States; one that cuts across careers, cultures, and communities. A major 2025 Survey of Immigrants conducted by the Kaiser Family Foundation (KFF) in partnership with The New York Times uncovered a powerful undercurrent of fear among immigrants in the U.S., including a large share of Indian professionals and families. According to the survey’s findings, nearly three in ten immigrants have deliberately avoided travel, both within and outside the U.S., to stay under the radar of immigration authorities.

US Ends Interview Waiver (Dropbox) for Visas: A Turning Point for Indians Abroad
US Ends Interview Waiver (Dropbox) for Visas: A Turning Point for Indians Abroad

From September 2, 2025, the United States will roll back its Interview Waiver Programme, commonly known as the “Dropbox” facility, for most non-immigrant visas.
Why Was This EB-1A Appeal Denied? And What Every Petitioner Must Learn From It
Why Was This EB-1A Appeal Denied? And What Every Petitioner Must Learn From It

On March 9, 2026, the USCIS Administrative Appeals Office (AAO) issued Non-Precedent Decision MAR092026_02B2203, dismissing an appeal in an EB-1A Alien of Extraordinary Ability petition. The decision, publicly available through the USCIS Error and Appeals Records repository, is a textbook example of why self-filed and inadequately prepared EB-1A petitions collapse, even when the underlying professional credentials seem strong on paper.
U.S. Travel Ban Now Extends to More Than Thirty Countries
U.S. Travel Ban Now Extends to More Than Thirty Countries

U.S. Homeland Security Secretary Kristi Noem hinted on Thursday that the U.S. plans to expand the number of countries restricted by the travel ban to more than 30. She was also asked in an interview with Fox News to confirm whether the Trump administration would extend the travel ban list to around 32 countries.
USCIS Releases New Photo Policy to Strengthen Security and Prevent Immigration Fraud
USCIS Releases New Photo Policy to Strengthen Security and Prevent Immigration Fraud

On December 12, 2025, the U.S. Citizenship and Immigration Services (USCIS) introduced a new photo policy aimed at fortifying identity verification and reducing fraud in the immigration system.