In a bold move that could reshape the future of international healthcare recruitment, Global Nurse Force, joined by national labor unions and educational and religious organizations, has filed a federal lawsuit against the Trump Administration challenging the legality of the new $100,000 fee imposed on H-1B visa petitions.
The case, Global Nurse Force et al. v. Trump et al., was filed on October 3, 2025, in the U.S. District Court for the Northern District of California. The plaintiffs seek to block the administration’s recent proclamation, Restriction on Entry of Certain Nonimmigrant Workers, which mandates a $100,000 payment for each new H-1B worker seeking to enter the United States.
The Lawsuit: Challenging Executive Overreach
The plaintiffs argue that the proclamation—and the agencies’ efforts to implement it exceed the President’s statutory authority under the Immigration and Nationality Act (INA) and violate the Administrative Procedure Act (APA).
According to the complaint, the administration:
• Bypassed Congress and rulemaking procedures by unilaterally imposing an unprecedented and punitive fee.
• Acted arbitrarily and capriciously, targeting lawful H-1B employers without a factual or legal basis.
• Ignored the devastating impact on hospitals, schools, and nonprofit employers who rely on H-1B professionals to fill critical shortages.
The plaintiffs describe the fee as “extortionate” and warn that it would “decimate the pipeline of skilled foreign professionals who sustain vital sectors of the U.S. economy especially healthcare.”
Healthcare Industry Impact
Among the most compelling voices in the lawsuit is Global Nurse Force, a major international healthcare recruiter representing hospitals across the United States.
The complaint details how the new fee would cripple hospital recruitment, particularly for nonprofit and rural healthcare systems already operating under severe staffing shortages. Hospitals that employ hundreds of H-1B nurses each year could face millions in unexpected costs, leading to:
• Reduced ability to staff ICUs and emergency departments,
• Increased patient wait times, and
• Potential service reductions in underserved communities.
The plaintiffs argue that the policy runs contrary to public health needs and the national interest by restricting the ability of U.S. hospitals to hire qualified international nurses, physicians, and medical technologists.
Relief Sought
The lawsuit asks the federal court to:
• Declare the proclamation unlawful and set it aside,
• Enjoin the government from conditioning H-1B adjudications or visa issuances on payment of the $100,000 fee, and
• Require USCIS and the Department of State to continue processing H-1B petitions under prior law.
If the court grants this relief, the $100,000 fee would be suspended nationwide while litigation proceeds offering immediate stability to employers and foreign professionals.
Why This Matters for Healthcare Employers
For hospitals, clinics, and other healthcare institutions, this lawsuit represents more than a legal technicality it’s a potential lifeline. The H-1B visa remains a critical tool for filling specialized clinical and technical roles that U.S. recruitment alone cannot meet.
If the plaintiffs succeed, healthcare employers will retain the ability to file H-1B petitions under standard fees and continue accessing the global workforce that supports America’s healthcare infrastructure.
Even before the lawsuit, the White House clarified on October 20, 2025, that the $100,000 fee applies only to new applicants outside the United States, excluding international students and professionals already residing in the U.S. on F-1, OPT, or STEM OPT status. This clarification and the pending litigation both signal growing pressure to limit or strike down the proclamation entirely.
VisaMadeEZ Commentary
At VisaMadeEZ, we view this lawsuit as a pivotal test of executive power over employment-based immigration policy. The $100,000 H-1B fee disproportionately burdens sectors already facing acute shortages, including healthcare, education, and research.
The plaintiffs’ position that the fee is unlawful, arbitrary, and harmful to the national interest is legally sound and supported by decades of precedent limiting presidential authority under INA §212(f). We anticipate that the courts will carefully scrutinize the administration’s justification for this sweeping measure.
Until the case is resolved, H-1B petitions already filed and EB-3 green card cases remain completely unaffected. Cap-exempt hospitals and nonprofits should continue with normal filing schedules while monitoring developments closely.
Key Takeaways for Employers
• The lawsuit seeks to block enforcement of the $100,000 H-1B fee nationwide.
• The White House clarification limits the fee’s scope to applicants outside the U.S.
• Healthcare employers remain likely candidates for exemption under “national interest” criteria.
• EB-3 green card cases and existing H-1Bs are fully unaffected.
VisaMadeEZ will continue monitoring the litigation and agency guidance.
