H1B Visa Lawsuit, Trump’s $100K Fee and Major Discrimination Cases 2025

Here’s what every H1B visa holder and US worker needs to know right now: President Trump just imposed a shocking $100,000 H1B visa fee, multiple tech giants are fighting major discrimination lawsuits, and federal courts are reshaping American immigration law through unprecedented legal battles.

The H1B visa program faces its biggest legal crisis in decades. Trump’s new $100,000 application fee represents a 2000% increase from current costs, while nearly 400,000 H1B applications were approved in fiscal year 2024 according to Pew Research Center data.

Meanwhile, major discrimination lawsuits are exposing systematic bias against American workers, with companies like Cognizant paying $25 million+ in damages and Meta facing federal appeals court challenges for allegedly favoring foreign workers over US citizens.

2025 H1B Visa Statistics and Legal Landscape

Current H1B Program Data That Drives These Lawsuits

Understanding the scope of H1B visa lawsuits requires knowing the massive scale of the program itself:

2024 H1B Approval Statistics:

• Nearly 400,000 H1B applications approved in fiscal year 2024 (Pew Research Center)
• H1B denial rate dropped to 2.5% for initial employment in FY 2024, down from 24% in FY 2018 under Trump’s first term
• Average H1B salary: $149,812 across all approved applications in 2025
• Top companies reducing H1B sponsorship: Amazon, Google, EY, and Infosys sponsored fewer H1B visas in 2024

Major H1B Employers Under Legal Scrutiny

Google H1B Data 2025:

• Filed 7,881 Labor Condition Applications in fiscal year 2025
• 98% H1B LCA approval rate (7,789 approved, 15 denied)
• Major target for discrimination lawsuits due to high H1B usage

Bay Area H1B Concentration:

• Second-most approved H1B applications between 2021-2024 of any US metropolitan area
• Accounts for over 1% of all regional jobs
• Creates concentrated legal exposure for tech companies

The Shocking New Policy

On September 19, 2025, President Trump signed a proclamation restricting the entry of H1B nonimmigrant workers unless their petitions are accompanied by a new $100,000 payment. This represents a 2000% increase from current filing fees and has sent shockwaves through the business community.

Key Details of Trump’s H1B Executive Action:

• New Fee: $100,000 per H1B visa application (up from approximately $5,000)
• Effective Date: Immediate implementation as of September 19, 2025
• Stated Purpose: “Curb overuse” of the H1B program
• Legal Challenges: Multiple lawsuits expected within days

Why This Fee Will Face Immediate Legal Challenges

Immigration attorneys across the country are already preparing lawsuits challenging this executive action on several grounds:

Constitutional Issues:

• Due Process: No public comment period or gradual implementation
• Equal Protection: Potentially discriminatory impact on specific national origins
• Commerce Clause: Federal vs. state authority over immigration fees

Statutory Concerns:

• Congressional Authority: Whether executive branch can unilaterally set such fees
• Immigration and Nationality Act Compliance: Potential violation of existing statutory framework
• Administrative Procedure Act: Proper rulemaking requirements not followed

Meta H1B Discrimination Lawsuit: Foreign Workers vs. American Citizens

The Case That Could Change Everything

Meta is facing a lawsuit accusing it of favouring foreign workers on H-1B visas over American citizens. The case, revived by a federal appeals court, could influence tech industry hiring practices.

This isn’t just about one company—it’s about systematic discrimination that could be happening across Silicon Valley.

Key Allegations Against Meta:

• Preferential Hiring: Actively favoring H1B visa holders over equally qualified US citizens
• Discriminatory Recruiting: Using recruitment methods that exclude American workers
• Wage Depression: Using foreign workers to artificially suppress American wages
• Systematic Pattern: Evidence of company-wide policy favoring H1B employees

Legal Framework: US Citizens’ Rights vs. H1B Programs

The Meta lawsuit operates under several federal statutes designed to protect American workers:

8 U.S.C. § 1324b (Immigration and Nationality Act): Prohibits discrimination against US citizens in favor of foreign workers Title VII of the Civil Rights Act: Protects against national origin discrimination Equal Employment Opportunity Laws: Requires fair hiring practices regardless of visa status

Cognizant Discrimination Verdict: $25 Million Judgment Against H1B Abuse

The Landmark California Decision

On October 4, 2024, a California federal jury found Cognizant Technology Solutions engaged in a pattern or practice of intentional discrimination against a class of non-South Asian and non-Indian employees.

This represents one of the largest discrimination verdicts related to H1B visa abuse in US legal history.

Cognizant Discrimination Case Details:

• Verdict Amount: Approximately $25 million in damages
• Affected Class: Non-Indian and non-South Asian US employees
• Pattern of Discrimination: Systematic preference for H1B workers from specific countries
• Legal Precedent: Establishes liability for national origin discrimination in H1B hiring

What This Verdict Means for American Workers

The Cognizant case proves that American workers can successfully challenge discriminatory H1B practices:

Legal Protections Established:

• Class Action Viability: Groups of US workers can successfully sue for systematic discrimination
• Substantial Damages: Courts will award significant financial compensation for H1B-related discrimination
• Corporate Accountability: Major corporations face real financial consequences for discriminatory practices
• Enforcement Precedent: Government agencies now have successful litigation model to follow

H4 Spouse Visa Victory: Court Upholds Work Authorization

The Good News for H1B Families

On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States.

This victory came after years of legal challenges attempting to eliminate work authorization for H4 dependent spouses.

H4 Spouse Work Authorization Details:

• Legal Victory: DC Circuit Court rejected challenge to H4 work permits
• Beneficiaries: Spouses of H1B visa holders can continue working legally
• Challenge Rejected: Saves Job USA challenged the rule, arguing that DHS exceeded its authority under the Immigration and Nationality Act (INA)
• Future Security: Rule remains in effect despite ongoing political challenges

Department of Justice H1B Enforcement Actions

Federal Government Crackdown on H1B Abuse

On August 26, 2024, IER secured reasonable cause finding that Breakthrough violated 8 U.S.C. § 1324b(a)(1) by discriminating against Charging Party when it rescinded its offer for him to work on a project based on his citizenship status.

The Department of Justice’s Immigrant and Employee Rights Section (IER) is aggressively pursuing H1B-related discrimination cases.

DOJ Enforcement Priorities:

• Citizenship Status Discrimination: Companies cannot prefer H1B workers over US citizens
• Reasonable Cause Findings: Government establishing pattern of violations
• Settlement Authority: DOJ securing monetary relief for discriminated workers
• Industry-Wide Investigation: Systematic review of tech company hiring practices

What These Lawsuits Mean for Different Stakeholders

For American Workers

These cases establish crucial protections:

Legal Rights Confirmed:

• Sue for Discrimination: Individual and class action lawsuits available for H1B-related bias
• Financial Recovery: Substantial damages available for systematic discrimination
• Government Support: DOJ actively investigating and prosecuting violations
• Precedent Protection: Courts recognizing H1B abuse as legitimate legal issue

For H1B Visa Holders

The legal landscape creates both challenges and protections:

Current Challenges:

• $100K Fee: Massive cost increase making visas unaffordable for many
• Legal Uncertainty: Ongoing litigation creating unpredictable immigration environment
• Employer Reluctance: Companies may reduce H1B hiring due to legal risks

Continued Protections:

• Spouse Work Rights: H4 authorization remains legally protected
• Due Process: Court challenges to arbitrary policy changes
• Existing Visa Security: Current H1B holders retain legal status during litigation

For Employers

Companies face unprecedented legal and financial risks:

Compliance Requirements:

• Non-Discrimination Mandates: Must prove fair hiring practices between H1B and US workers
• Documentation Standards: Detailed records required to defend hiring decisions
• Legal Liability: Multi-million dollar exposure for systematic discrimination
• Policy Review: Immediate audit of H1B-related hiring practices recommended

Recent Legal Developments and Case Status Updates

Active Litigation Timeline (2024-2025)

September 19, 2025: Trump signs $100K H1B fee executive action (lawsuits expected immediately) October 4, 2024: Cognizant discrimination verdict ($25M+ in damages) August 2, 2024: DC Circuit upholds H4 spouse work authorization February 2025: Meta discrimination case revived by federal appeals court

Expected Legal Challenges

Immediate Lawsuits Anticipated:

• Constitutional Challenges: Multiple groups preparing to sue over $100K fee
• Business Coalition Litigation: Tech companies likely to file joint lawsuit
• Immigration Rights Cases: ACLU and similar organizations preparing challenges
• Congressional Action: Potential legislative response to executive overreach

Frequently Asked Questions About H1B Visa Lawsuits

What is the new Trump $100K H1B visa fee and can it be challenged?

President Donald Trump signed an executive action on Friday to impose a $100,000 application fee for H-1B visas — in an effort to curb what the administration says is overuse of the program. This fee can absolutely be challenged in federal court on constitutional and statutory grounds, with lawsuits expected within days.

Can US citizens sue companies for H1B discrimination?

Yes. The Cognizant case proves that American workers can successfully sue for systematic discrimination. On October 4, 2024, a California federal jury found Cognizant Technology Solutions engaged in a pattern or practice of intentional discrimination against a class of non-South Asian and non-Indian employees, resulting in approximately $25 million in damages.

What is the Meta H1B lawsuit about?

Meta is facing a lawsuit accusing it of favouring foreign workers on H-1B visas over American citizens. The case, revived by a federal appeals court, could influence tech industry hiring practices. This case challenges systematic preference for H1B workers over equally qualified US citizens.

Are H4 spouse work permits still legal?

Yes. On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States, rejecting challenges that attempted to eliminate these work authorizations.

What federal laws protect US workers from H1B discrimination?

Key protections include 8 U.S.C. § 1324b (Immigration and Nationality Act) prohibiting discrimination against US citizens, Title VII protecting against national origin discrimination, and Equal Employment Opportunity laws requiring fair hiring practices regardless of visa status.

How much can companies be sued for H1B discrimination?

The Cognizant verdict shows damages can reach $25 million+ for systematic discrimination. Individual cases and class actions can result in substantial financial awards, back pay, and punitive damages depending on the scope and duration of discriminatory practices.

What should I do if I’m facing H1B-related discrimination?

Document all incidents, file complaints with the Department of Justice’s Immigrant and Employee Rights Section, consider consulting employment attorneys experienced in immigration-related discrimination, and explore both individual and potential class action legal options.

Will the $100K H1B fee survive legal challenges?

Legal experts predict the fee faces strong constitutional and statutory challenges. The lack of public comment, potential Commerce Clause violations, and questions about executive authority over immigration fees make successful court challenges likely.

The Bottom Line: A Legal Revolution in Immigration Law

These H1B visa lawsuits represent the most significant challenge to America’s skilled worker immigration system in decades. We’re watching real-time legal battles that will determine:

For American Workers: Whether discrimination in favor of H1B holders can be successfully challenged and compensated For Foreign Workers: Whether the H1B program remains economically viable or becomes prohibitively expensive
For Employers: Whether current hiring practices expose them to massive legal and financial liability For the Legal System: Whether courts will constrain executive power over immigration policy

Key Takeaways:

• Immediate Action Required: The $100K fee takes effect immediately but faces certain legal challenges
• Discrimination Has Consequences: Courts are awarding substantial damages for H1B-related bias
• Government Enforcement: DOJ actively investigating and prosecuting violations
• Legal Precedents: These cases are establishing new standards for immigration employment law

The outcomes of these lawsuits will reshape American immigration policy, employment practices, and the fundamental relationship between foreign workers and US citizens in the workplace.

For guidance on employment discrimination issues, visa law complexities, and understanding your rights in immigration-related workplace situations, these cases demonstrate the critical importance of legal representation when facing systematic discrimination or policy changes that affect your livelihood.

For more insights on employment discrimination protection, workplace legal consultation strategies, immigration law guidance, and federal employment law compliance, these H1B visa cases serve as crucial examples of how immigration policy intersects with employment rights and constitutional law.

This article is for informational purposes only and does not constitute legal advice. H1B visa lawsuits involve complex federal immigration and employment law. Individuals facing discrimination or visa-related legal issues should consult with qualified immigration and employment attorneys to understand their specific rights and options.

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
Read more about Sarah