AAUP, Coalition Sue to Block Prohibitive Visa Policy

The AAUP joined a coalition of labor unions, health care providers, schools, and religious organizations today in filing suit 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 thirty-six hours later-has already thrown employers, workers, and federal agencies into chaos.

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, US employers can hire qualified foreign nationals-including doctors, nurses, engineers, teachers, and researchers-after a rigorous review process.

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, universities and 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 may be unable to keep needed doctors and nurses; colleges say the unlawful fee is more than many 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 US jobs and drive new industries. Forcing talent away means companies move operations-and good jobs-overseas.

The suit challenges the order as unconstitutional and unlawful under the Administrative Procedure Act and asks the court to immediately block the order and restore predictability for employers and workers.

In addition to the AAUP, 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; 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.

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.

Download the filed suit.