SAN FRANCISCO – A coalition of unions, employers, and religious groups filed a lawsuit on Friday seeking to block US President Donald Trump’s move to impose a $100,000 fee on new H-1B visas for highly skilled foreign workers.
The lawsuit, filed in a federal court in San Francisco, is the first legal challenge to Trump’s recent proclamation, which aims to further tighten immigration restrictions.
Among the plaintiffs are the United Auto Workers union, the American Association of University Professors, a nurse recruitment agency, and several religious organisations. They argue that the president lacks the authority to override laws that govern the H-1B visa programme, which was created by Congress.
White House spokeswoman Abigail Jackson defended the decision, saying the administration was acting lawfully to discourage companies from “spamming the system and driving down American wages,” while still allowing employers to hire top overseas talent when needed.
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The H-1B programme allows US companies to employ foreign workers in specialised fields, particularly in technology. Critics say it displaces American workers with cheaper labour, while business groups maintain that it fills crucial skill gaps.
Currently, employers sponsoring H-1B workers pay between $2,000 and $5,000 in fees. Trump’s new order would bar new H-1B recipients from entering the United States unless their employers pay an additional $100,000. The order does not affect existing visa holders or those who applied before September 21.
Trump invoked federal immigration powers to justify the decision, claiming that the H-1B system undermines American jobs and national security by discouraging citizens from pursuing science and technology careers.
However, the plaintiffs contend that Trump cannot unilaterally impose such fees or alter the visa system without congressional approval. They warned that the policy effectively forces employers to “pay to play” or seek a “national interest” exemption, leaving room for selective enforcement and corruption.
The lawsuit also accuses federal agencies of implementing Trump’s order without following proper rulemaking procedures or assessing the potential harm to innovation.
Each year, the H-1B programme grants 65,000 visas to foreign professionals, with an additional 20,000 reserved for advanced degree holders. India remains the largest beneficiary, accounting for 71 percent of approved visas last year, followed by China with 11.7 percent.