Compiled from reports by National Herald and The Hans India. See the original articles linked below.
This article reports news and is not legal advice.
Employers and workers who are challenging the $100,000 fee on new H-1B petitions have asked a federal court in California to head toward a final decision, while the Trump administration wants the case put on hold, according to reports by National Herald and The Hans India. Both outlets based their accounts on a wire report from IANS dated 28 October 2026.
What the filing says
The case is Global Nurse Force v. Trump. National Herald reported that the parties submitted a joint case management statement on 20 October, in which the plaintiffs pressed for the matter to proceed toward summary judgment. The Hans India described the plaintiffs as pushing for a quick final ruling, and said the government wants the case paused until the Ninth Circuit rules.
Both outlets reported that on 30 September, Judge Haywood S. Gilliam Jr. partly granted the plaintiffs' request for a preliminary injunction. The Hans India added that he denied the government's motion to dismiss and denied class certification without prejudice.
The government's appeal and stay request
According to National Herald, the administration appealed to the Ninth Circuit on 9 October and asked the district court to suspend its proceedings. The Hans India reported that a hearing on that stay request is set for 14 January 2027.
The two sides disagree on timing for the administrative record, the documents behind the government's decision. Both outlets reported that the plaintiffs proposed it be produced by 3 November. The government proposed filing it 30 days after the appeals court issues its mandate, or 30 days after any order denying the stay, the outlets said.
National Herald reported that the government argued continuing the case while the Ninth Circuit considers jurisdictional questions would be inefficient, and pointed to a nationwide injunction already issued by a federal court in Massachusetts. The Hans India reported that the government said it would leave the status quo unchanged and said further litigation would waste the resources of the parties and the court. National Herald also reported that the plaintiffs said they would monitor compliance and could seek enforcement.
Legal questions and related cases
According to both outlets, the central issues are whether the presidential proclamation and its extensions exceed the President's authority, and whether implementation by the State Department and the Department of Homeland Security violates the Administrative Procedure Act.
The fee was created by Proclamation 10973, signed on 19 September 2025, and was extended through Proclamation 11069, the outlets reported. The Hans India dated the extension to 18 September 2026.
Both reports list two other appeals as pending: California v. Mullin in the First Circuit, and Chamber of Commerce v. DHS in the D.C. Circuit, where arguments were heard on 9 March 2026.
The plaintiffs are represented by the Justice Action Center, Democracy Forward, the South Asian American Justice Collaborative and Cohen Milstein Sellers & Toll, according to The Hans India and National Herald.
Sources
- H-1B $100,000 fee case: Plaintiffs seek summary judgment, Trump admin pushes for pause (National Herald, 2026-10-28)
- H-1B $100,000 fee case: Plaintiffs push for summary judgment, Trump administration seeks pause (The Hans India, 2026-10-28)
This article was compiled with AI assistance from the reports listed above and reviewed by GMA before publishing.