Global Nurse Force V. Trump, Lawsuit Challenging New H-1B Restrictions, and $100,000 Fee

By: Deepika Singh

On October 3, 2025, a lawsuit was filed in California by a group of organizations and individuals challenging new H-1B restrictions and a $100,000 fee imposed by the Trump Administration's presidential proclamation issued on September 19, 2025. The proclamation, which took effect on September 21, 2025, effectively bans certain H-1B specialty occupation employees from entering the United States unless their employer pays the $100,000 fee.

The lawsuit is Global Nurse Force v. Trump, Case No. 3:25-cv-08454 (N.D. Cal., filed October 3, 2025). In the complaint, the plaintiffs allege that President Trump exceeded his authority under Sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) when he imposed the $100,000 fee. While these sections authorize the President to suspend or restrict the entry of foreign nationals and control the travel of citizens and non-citizens, they do not explicitly authorize the imposition of monetary fees.

The complaint also alleges that the Department of Homeland Security (DHS) and the Department of State (DOS) violated the Administrative Procedure Act (APA). Under the APA, federal agencies must follow specific procedures when creating or changing policies, including providing notice to the public and allowing for public comment. The lawsuit alleges that the agencies issued their guidance without following these required steps.

The plaintiffs are seeking a court declaration that the proclamation and related agency guidance are unlawful. They also seek to block the government from charging the $100,000 fee on H-1B petitions and to require DHS and other agencies to continue processing H-1B petitions under existing law without the new fee requirement.

For any questions or assistance, please contact your trusted Chugh, LLP immigration professional.