‘Trump Has No Authority’: Lawsuit Challenges $100,000 H-1B Visa Fee

A coalition of unions, employers, and religious groups filed a lawsuit Friday in a San Francisco federal court challenging the Trump administration’s new H-1B visa plan, which imposes a one-time $100,000 fee on visa applications, Reuters reported.

The H-1B visa program allows US employers to hire foreign workers in specialty fields, particularly in technology, with fees historically ranging between $2,000 and $5,000. Trump’s order bars new visa recipients from entering the US unless their sponsoring employer pays the $100,000 fee.

What the lawsuit argues
The plaintiffs contend that the administration’s move is unlawful and effectively changes the H-1B program. They claim the policy forces employers to either “pay to play” or seek a “national interest” exemption, creating opportunities for selective enforcement and corruption, Bloomberg reported.

The suit argues that the president lacks authority to impose fees or taxes unilaterally, or dictate how collected funds are spent. “The Constitution assigns the ‘power of the purse’ to Congress, as one of its most fundamental premises,” it says, accusing Trump of displacing a “complex, Congressionally specified system” for reviewing and granting H-1B visas.

Plaintiffs and procedural concerns
The lawsuit is led by the United Auto Workers union, the American Association of University Professors, the Justice Action Center, the Democracy Forward Foundation (on behalf of the Global Nurse Force), and several religious organizations.

The groups contend that federal agencies, including the Department of Homeland Security and the State Department, adopted policies to implement Trump’s fee without following proper rulemaking procedures or considering the economic impact. They argue that “extorting exorbitant fees will stifle innovation,” Reuters reported.

This is the first legal challenge to the proclamation, issued amid broader Trump administration efforts to restrict immigration to the United States.