Employers and Advocacy Groups Sue Trump Administration over $100,000 H-1B Payment
On October 3, 2025, several employers and advocacy groups jointly filed a lawsuit against the Trump Administration for the September 19, 2025 Presidential Proclamation imposing a $100,000 payment for new H-1B petitions. Please see our client advisory here for more information on the Proclamation.
The lawsuit asserts a constitutional claim that the Trump Administration acted beyond the scope of his presidential powers and the powers Congress delegated to the Executive Branch through the Immigration and Nationality Act. Plaintiffs also asserted three statutory claims for violations under the Administrative Procedure Act (“APA”), which is the body of law that governs agency action. These APA claims are: (1) exceeding statutory authority (similar to the constitutional claim, but still distinct); (2) making an arbitrary and capricious decision by failing to consider the many ways that the Proclamation would impact the H-1B program and failing to properly explain how the $100,000 payment would work; and (3) failing to follow the required Notice and Comment procedure for making new rules under the APA.
Plaintiffs requested a injunction to prohibit the Trump Administration from requiring the $100,000 payment and to order the Trump Administration to process H-1B petitions and visas under previously existing laws. No injunction has been ordered yet, so employers and H-1B workers should still follow existing guidance from the Departments of State and Homeland Security until further notice.
Read the lawsuit’s complaint here.