Global Nurse Force v. Trump
Overview
Overview
A coalition of labor unions, religious organizations, and non-profit organizations sued the Trump administration over the changes to the H-1B visa program which would require the employers of workers on a H-1B visa to pay the federal government $100,000.
The Issue
Issue
Whether the Trump administration's imposition of a $100,000 annual fee on H-1B visa employers exceeds statutory authority and violates the Administrative Procedure Act's procedural and substantive requirements.
The Rules
Rule
Agency action must comply with the Administrative Procedure Act, including notice-and-comment rulemaking requirements, and must be consistent with the agency's enabling statute and constitutional constraints on regulatory authority.
The Application
Analysis
Plaintiffs argue the H-1B fee was imposed without proper rulemaking procedures and exceeds the Department of Labor's statutory authority to regulate the visa program, challenging both the procedural validity and substantive lawfulness of the requirement.
The Conclusion
Conclusion
The case remains active in the Northern District of California before Judge Haywood S. Gilliam Jr., with plaintiffs seeking to enjoin the fee requirement pending resolution of the underlying merits.
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