Following the release of the Presidential Proclamation on September 19, 2025, Restriction on Entry of Certain Nonimmigrant Workers, a joint lawsuit has been filed in California challenging the legality of the Proclamation and requesting the Court to set aside enforcement and implementation of certain sections.
The Proclamation restricts the entry of foreign nationals to perform services in a specialty occupation under an H-1B visa unless the petition includes a payment of $100,000. The Proclamation was published on September 19, 2025, and went into effect two days later on September 21, 2025.
The complaint, filed on behalf of a nursing staff agency and joined by ten others, argues that President Trump has exceeded his authority under the constitution, specifically that the President does not have the authority to unilaterally alter the statutory scheme created by Congress; to impose fees, taxes or other mechanisms to generate revenue for the US; or to dictate how those funds are spent. Furthermore, it asserts that the Proclamation ignored the notice and comment period required by the regulatory process.
The Petitioners have requested that the Court declare the Proclamation unlawful and set aside problematic sections, including the $100,000 payment requirement.
USILAW will follow this case and provide updates.