Washington, October 28, 2026 (Yes Punjab News)
Employers and workers challenging US President Donald Trump’s $100,000 fee on new H-1B visa petitions have urged a federal court in California to move towards a final ruling, while the administration is seeking to pause proceedings until an appeals court addresses the case.
In a joint case management statement filed on October 20 in Global Nurse Force v. Trump, the plaintiffs challenged the legality of the payment requirement as a condition for processing H-1B petitions and entry into the United States.
On September 30, Judge Gilliam granted part of the plaintiffs’ request for a preliminary injunction, rejected the government’s motion to dismiss and denied class certification without prejudice.
The administration appealed to the Ninth Circuit Court of Appeals on October 9 and sought a stay of the district court proceedings. A hearing on the stay request is scheduled for January 14, 2027, according to the filing.
The plaintiffs proposed that the government submit the administrative record by November 3, adding that they were monitoring compliance with the September 30 order and could seek its enforcement if necessary.
The government argued that further litigation at this stage would be premature while the Ninth Circuit considers jurisdictional issues. It proposed submitting the record within 30 days of the appeals court’s mandate or an order denying the stay.
The administration also cited a separate universal injunction issued by a federal court in Massachusetts, arguing that the California proceedings would not change the existing situation and could lead to duplicative litigation and appeals.
The filing identifies two other pending appeals concerning the fee: California v. Mullin in the First Circuit and Chamber of Commerce v. DHS in the DC Circuit, where arguments were heard on March 9, 2026.
The central legal questions include whether Trump’s proclamations imposing and extending the fee exceed presidential authority and whether implementation by the State Department and Department of Homeland Security violates the Administrative Procedure Act.
Trump introduced the fee through Proclamation 10973, signed on September 19, 2025, and extended it through Proclamation 11069 on September 18, 2026.
The plaintiffs are represented by the Justice Action Center, Democracy Forward, the South Asian American Justice Collaborative and Cohen Milstein Sellers & Toll.
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