On Friday October 3, 2025, a lawsuit was filed in the U.S. District Court for the Northern District of California seeking to enjoin and overturn the $100,000 fee imposed on September 19, 2025, by President Trump. The Presidential Proclamation announcing the new fee indicated that it would be imposed on all new H-1B petitions filed on or after its effective date of September 21, 2025, although subsequent guidance significantly modified its scope.

The lawsuit challenges the fee on both constitutional and statutory grounds, arguing that only Congress has the power to “impose fees, taxes or other mechanisms to generate revenue for the United States” and noting that the President imposed the fee without complying with statutory notice and comment requirements.

The lawsuit requests that the court declare the $100,000 fee unlawful and enjoin its implementation. A hearing schedule for the lawsuit has yet to be announced.

Meltzer Hellrung is following the progress of this lawsuit and will provide updates as soon as additional information becomes available. Please contact your Meltzer Hellrung professional if you have any questions.