Monday Legal Lens: Litigation Over the Proposed $100,000 H-1B Fee

The Trump Administration’s proposal to impose a $100,000 fee on new H-1B visa applications has prompted immediate legal action and widespread concern across the business, medical, non-profit, and education sectors.  A federal lawsuit was filed Friday, October 3, 2025, in the U.S. District Court for the Northern District of California challenging the legality of the measure, arguing that the Administration exceeded its statutory authority and failed to comply with the Administrative Procedure Act (APA) by attempting to enact the fee through presidential proclamation rather than formal rulemaking.

The plaintiffs—a coalition of employers, universities, religious organizations, and non-profit associations—assert that the proposed fee amounts to an unauthorized tax on lawful immigration programs. Their complaint maintains that such a substantial financial burden can be imposed only through congressional legislation or established regulatory procedures that include public notice and opportunity for comment.

If the court grants injunctive relief, the proposal would be suspended while litigation proceeds, preventing enforcement until the court issues a ruling.  A final ruling in favor of the plaintiffs could invalidate the policy and reaffirm statutory limits on executive authority over immigration fees.

Beyond the immediate cost implications, the case raises important questions about the scope of executive power in shaping immigration policy without congressional approval.  The outcome will likely influence future policy-making in this area.  For now, the proposal remains unenforced and under judicial review, and no new fees have been reported as being collected.

 Employers and foreign nationals should:
​

• Monitor these developments closely and prepare for possible changes to filing timelines and procedures;
• Evaluate which employees, students, or dependents could be affected by future rulemaking; and
• Consider contingency plans or alternative visa strategies if changes move forward.

Our firm will continue to monitor these developments and provide updates as new information becomes available.  

Please let us know if you would like to schedule a conference call to discuss these possible changes.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
​
The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].