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October 4, 2025

Indian Woman Files Lawsuit Against Trump’s H-1B Visa Fee Hike, Citing Career Disruption

The CSR Journal Magazine

A high-profile lawsuit filed in a federal court in San Francisco has challenged US President Donald Trump’s order imposing a one-time $100,000 fee on H-1B visa applications. The case, brought by unions, employers, and religious groups, argues that the new requirement is both unlawful and damaging to the country’s innovation system.

Among the key examples cited in the case is that of an Indian woman researcher from Northern California, identified as “Phoenix Doe Plaintiff,” whose career and research have come to a standstill due to the new rule.

Challenge to Trump’s H-1B Order

The coalition behind the lawsuit includes the United Auto Workers union, the American Association of University Professors, the Justice Action Center, and the Democracy Forward Foundation. They are joined by several religious and academic organisations, all seeking to block what they call an “illegal imposition” of fees that the President has no constitutional authority to collect.

The petition claims that Trump’s directive tries to generate revenue unilaterally — bypassing Congress — by forcing employers to pay an extraordinary amount before hiring foreign professionals. It also accuses federal agencies such as the Department of Homeland Security and the US Citizenship and Immigration Services of failing to follow proper rulemaking procedures before implementing the change.

Under the previous system, employers paid fees between $2,000 and $5,000 for each H-1B petition. The new order, however, compels them to pay $100,000 per application and bars new visa recipients from entering the United States unless the amount is paid. This, the petitioners warn, will “stifle innovation” and make it impossible for universities, hospitals, and research organisations to continue employing foreign talent.

Story of India’s Phoenix Doe

To illustrate the real-world impact of the order, the lawsuit focuses on “Plaintiff Phoenix Doe,” an Indian postdoctoral researcher working at a university in Northern California. Her visa renewal process was halted indefinitely because her employer could not afford to pay the $100,000 fee.

According to court filings, Doe’s research focuses on identifying the genetic and epigenetic causes of vision loss due to ageing, diabetes, and rare inherited conditions. Her work, which promises new ways to diagnose and treat blindness, has now been suspended. The university, which relies on her as the first postdoctoral scholar in a new research programme, has paused further processing of her employment documents.

The legal complaint describes her emotional and mental distress, stating that she is “suffering debilitating stress and anxiety due to the uncertainty of her position.” It further adds that this situation worsens her pre-existing PTSD condition. If no relief is granted, she may have to leave her position within four months, causing severe professional and personal hardship.

Legal Stakes and Wider Impact

The lawsuit argues that Doe’s potential departure will not only disrupt her life but also harm US public interest. Her ongoing projects, which could pave the way for treatments for blindness, have been stalled. Her lab’s capacity to secure future research grants has also been affected. The case emphasises that such policy decisions undermine the very innovation and scientific advancement that the US claims to champion.

The petitioners assert that research institutions and tech firms alike will struggle to bring skilled workers from abroad, affecting projects vital to public health, education, and economic competitiveness. They warn that the “extortionate fee” risks driving out international talent, particularly from countries like India, that have long contributed to the US technology and research sectors.

With multiple groups backing the case, the outcome of this legal battle could shape the future of America’s immigration and employment policies for skilled professionals. For many, it is a fight not just for a visa but for the right to continue contributing to the science and innovation that benefit both nations.

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