Medical Care, Education, and Economy Face Harm as New H-1B Proclamation Blocks Essential Talent
FOR IMMEDIATE RELEASE:
San Francisco, CA — A coalition of labor unions, health care providers, schools, and religious organizations filed suit today to stop President Trump’s latest anti-immigration power grab: a sweeping executive action that slaps an unlawful new $100,000 price tag on every new H-1B application. The proclamation – issued on September 19, 2025, and made effective just 36 hours later – has already thrown employers, workers, and federal agencies into chaos. Plaintiffs are represented by Democracy Forward, Justice Action Center, South Asian American Justice Collaborative (SAAJCO), Kuck Baxter LLC, Joseph & Hall, P.C., and IMMpact Litigation.
The H-1B visa program was created by Congress to provide a critical path for the United States to attract highly skilled professionals from around the world to fill urgent needs in the economy and public services to strengthen American innovation. Under the program, U.S. employers can hire qualified foreign talent — such as doctors, nurses, engineers, teachers, and researchers — after a rigorous review process.
The lawsuit, filed in the U.S. District Court for the Northern District of California, challenges the order as unconstitutional and unlawful under the Administrative Procedure Act. Plaintiffs include Global Nurse Force; Global Village Academy Collaborative; Society of the Divine Word; the Fathers of St. Charles; Church on the Hill; International Union; United Automobile, Aerospace and Agricultural Implement Workers of America (UAW International); UAW Local 4811; American Association of University Professors (AAUP); Committee of Interns and Residents, SEIU (CIR), a citizen of the United Kingdom residing in the Appalachia region, and a citizen of India residing in the Northern District of California.
These plaintiffs represent medical residents, fellows, interns, and nurses serving rural and medically underserved communities, a school that relies on H-1B workers to serve their students, religious organizations that depend on the H-1B program to hire pastors and religious professionals that minister to underserved communities, major labor unions representing faculty and academic professionals and higher education members, and individual highly skilled workers whose careers and lives were upended overnight.
Plaintiff and co-counsel’s quotes can be found here.
When the government makes it prohibitively expensive or impossible for these professionals to come to America, or for current H-1B workers to transition to a more permanent status, entire communities lose — patients wait longer for care, students have fewer teachers, and local economies miss out on the innovation and jobs these experts create.
The complaint details how the sudden $100,000 demand:
- Defies Congress: The H-1B program has a carefully crafted fee and oversight system set by law. The President cannot rewrite it overnight or levy new taxes by proclamation.
- Invites chaos and favoritism: The order offers a vague “national interest” loophole with no clear standards for fee exemptions, opening the door to arbitrary, pay-to-play decisions.
- Hurts communities nationwide: Rural hospitals warn they will be unable to keep needed doctors and nurses; schools say the unlawful fee is more than many teacher salaries; and nonprofit organizations and research institutions can’t absorb the significant expense. All will lose if they cannot utilize H-1B workers.
- Undermines the economy: Economists agree that H-1B workers create U.S. jobs and drive new industries. Forcing talent away means companies move operations—and good jobs—overseas.
Without relief, hospitals will lose medical staff, churches will lose pastors, classrooms will lose teachers, and industries across the country risk losing key innovators. The suit asks the court to immediately block the order and restore predictability for employers and workers.
The case is Global Nurse Force et al v. Trump et al. Read the complaint here.
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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org
Justice Action Center (JAC) is a nonprofit organization dedicated to fighting for greater justice for immigrant communities by combining litigation and storytelling. JAC is committed to bringing additional litigation resources to address unmet needs, empower clients, and change the corrosive narrative around immigrants in the U.S. Learn more at justiceactioncenter.org and follow us on Bluesky Twitter/X, Instagram, Facebook, and LinkedIn.
South Asian American Justice Collaborative (SAAJCO) is a national nonprofit organization dedicated to fighting for the civil and human rights of the South Asian diaspora in the United States through impact litigation, direct legal services, and community engagement. Learn more at www.saajco.org and follow us on Instagram and LinkedIn.
IMMpact Litigation was formed in response to an urgent need to address major concerns in immigration policy and procedure at a broad level. We are a group of independent firms working collectively to change the future of immigration. We focus on Federal District Court and Circuit Courts of Appeal cases in mass-and-class-action suits involving hundreds of plaintiffs from across the globe.
About the American Association of University Professors:
The mission of the American Association of University Professors (AAUP) is to advance academic freedom and shared governance; to define fundamental professional values and standards for higher education; to promote the economic security of faculty, academic professionals, graduate students, postdoctoral fellows, and all those engaged in teaching and research in higher education; to help the higher education community organize to make our goals a reality; and to ensure higher education’s contribution to the common good. Founded in 1915, the AAUP has helped to shape American higher education by developing the standards and procedures that maintain quality in education and academic freedom in this country’s colleges and universities.
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