A broad coalition of labor unions, health-care providers, academic associations, religious organizations, and individual visa holders has filed a lawsuit in the U.S. District Court for the Northern District of California challenging President Trump’s September 19 presidential proclamation. The proclamation, which took effect September 21, bars entry for certain H-1B specialty occupation workers unless their employers pay a $100,000 fee. The case is Global Nurse Force v. Trump (Case No. 3:25-cv-08454, filed Oct. 3, 2025).
The September 19 proclamation represents one of the administration’s most sweeping actions to date affecting employment-based immigration. While initially unclear whether the restrictions would apply to current H-1B visa holders, officials later confirmed the fee requirement only impacted workers seeking entry to the United States after the effective date. Still, the sudden announcement caused confusion and disruption—employers and workers scrambled to make last-minute travel adjustments, with some visa holders abroad rushing back to the U.S. and others canceling trips altogether. Reports included workers deplaning mid-journey after learning of the change.
The plaintiffs allege that the president acted outside his authority under Sections 212(f) and 215(a) of the Immigration and Nationality Act, the provisions cited in support of the proclamation. They further argue that neither the president nor executive agencies have the power to impose new fees or revenue-generating conditions without congressional authorization. The lawsuit also contends that the Department of Homeland Security (DHS) and the Department of State violated the Administrative Procedure Act when they issued guidance to implement the proclamation.
The complaint seeks several remedies:
According to the plaintiffs, the proclamation and agency policies will cause lasting harm to employers, institutions, and communities that depend on the H-1B program. Among the expected consequences: worsening shortages of nurses and teachers, disrupting ongoing university research, and limiting religious organizations’ ability to hire staff with needed cultural and linguistic skills. The lawsuit identifies specific organizations affected, including the United Auto Workers, the American Association of University Professors, the Catholic missionary Society of the Divine Word, and Global Nurse Force, which helps place international nurses in U.S. health-care facilities.
The defendants named in the lawsuit include President Trump, Homeland Security Secretary Kristi Noem, Secretary of State Marco Rubio, U.S. Citizenship and Immigration Services Director Joseph Edlow, and U.S. Customs and Border Protection Commissioner Rodney Scott.
The outcome of this case could have major implications for employers and foreign nationals alike. Court rulings could alter compliance requirements with little notice, making it essential for companies and H-1B workers to stay updated on developments.
Evelyn Moon Law PC is following this case closely and will continue to provide timely updates on its progress and potential impact on the H-1B visa program.