AAUP-Led Suit Challenges $100K H‑1B Fee
AAUP-Led Suit Challenges $100K H‑1B Fee

AAUP-Led Suit Challenges $100K H‑1B Fee

News summary

President Trump’s Sept. 19 proclamation charging a one‑time $100,000 fee for each new H‑1B visa prompted a coalition of universities, unions, health providers, business groups and religious organizations to sue in the U.S. District Court for the Northern District of California. Led by the American Association of University Professors, the plaintiffs argue the proclamation is unlawful under the Administrative Procedure Act and unconstitutional because the president lacks authority to unilaterally impose fees or displace the Congressionally created H‑1B statutory scheme. Plaintiffs and industry groups say the fee would effectively shut off access to skilled foreign workers, jeopardize research, hospitals, schools and technology and healthcare staffing, and harm the U.S. economy and talent pipelines; the complaint also warns of arbitrary enforcement risks, including through discretionary national‑interest waivers. Separately, higher‑education groups have urged DHS to withdraw an ICE proposal to end “duration of status” for F‑1 and J‑1 visas by replacing it with four‑year caps and new extension processes, warning that change would further disrupt long academic programs, medical residencies and international recruitment.

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