Overseas H-1B Transfer/ Extension Group Lawsuit

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Red Eagle Law, L.C.
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  • H-1B Group Lawsuit

CASE PROSPECTUS:

Overseas H-1B Transfer/ Extension Group Lawsuit

This lawsuit is an opportunity for overseas H-1B transfer or extension beneficiaries, as well as their respective employers, to challenge the legality of President Trump’s September 19, 2025 Proclamation called Restriction On Entry Of Certain Nonimmigrant Workers (“H1B PP”), which became effective 12:01 a.m. eastern daylight time on September 21, 2025 (“effective time”). 

Per recent H-1B Specialty Occupations | USCIS’s explanation, H-1B transfer/extension beneficiaries who are overseas after the effective time are still affected by the H1B PP.

In sum, we do not believe it is lawful for President Trump to require H-1B Visa Category Applicants and Visa Holders to pay a $100,000 fee to be issued a visa, or to enter the U.S.


We will be filing this lawsuit in a U.S. District Court to be determined by attorneys.


Important Dates


Deadline to participate: November 10, 2025, 11:59 PST

Filing date for complaint: November 17, 2025


These are firm deadlines.


To participate in this lawsuit, an H-1B Beneficiary must meet the following four requirements:


(1) be outside the United States and do not have a valid H-1B visa,


(2) had an approved Form I-129, Petition for a Nonimmigrant Worker,


(3) not be a national of only a country impacted by President Trump’s June 4, 2025 travel ban, called Restricting The Entry Of Foreign Nationals To Protect The United States From Foreign Terrorists And Other National Security And Public Safety Threats. (Dual nationals are ok.), and 


(4) meet one of the following:

(a) have an H-1B transfer or extension petition filed after the effective time; or

(b) have a valid offer and is in the process of filing an H-1B transfer or extension petition (but cannot file due to the government shut down).


Cost to Participate

  

The attorney fee to participate as plaintiffs in the lawsuit will be $5,000 for each H-1B Visa Category Applicant or Visa Holder. This fee includes the cost of participation of all derivative beneficiaries regardless of family size. 

The terms for payment are as follows: the initial attorney fee of $2,000 is due in advance of the representation, and the $3,000 balance is deferred until the entry into the US by the H-1B Visa Category Applicant or Visa Holder. 


Note: the $3,000 backend payment is only deferred as a courtesy for the hardship faced by victims of Trump’s policy, and it is strictly due upon the entry into the US by the H-1B Visa Category Applicant or Visa Holder. Participants who are not comfortable with this contingency are welcome to pre-pay the entire $5,000 attorney fee.


How to participate

Onboarding for this lawsuit is automated. Visit this link to get started: 

Deadline TO SIGN UP

MONDAY, NOVEMBER 10, 2025, 11:59 PST

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Register Here

Frequently Asked Questions

No.


We will be challenging the ban as unlawful under the nondelegation doctrine. We also will be challenging the implementation of the ban as unlawful, as INA §212(f) only gives the president the authority to issue an entry ban, and not a visa issuance ban.


We want the court to enjoin, or cancel, the September 19, 2025 proclamation as it is applied to our participating plaintiffs.


The deadline for joining the lawsuit is November 10, 2025, 11:59 PST(California time). That deadline is in concrete and will not be extended under any circumstances. However, please keep in mind that the earlier participants onboard to participate in the lawsuit, the better we can integrate our plaintiffs’ facts into our arguments, which will result in a stronger and more convincing complaint. If everyone joins at the last minute, we will have less time to prepare the best possible complaint. Time is of the essence, and we appreciate all those who choose to participate early. 


We have not decided yet. We will decide after all plaintiffs are onboarded, because only then we will know what our options are. It is possible that the litigation will be filed in the U.S. District Court for the District of Columbia where the government prefers to be sued. It is also possible we will file the lawsuit in the court district where an H-1B applicant already lives, or where a participating employer is located. 


The assignment of our judge is unknown and will remain unknown until after the lawsuit is filed. Also, judge assignments may change more than once in the initial weeks of the case, before being finally assigned to a judge who will preside over the case to conclusion.
If we file the lawsuit in a court district where there is already a similar lawsuit filed, there is a significant chance that our lawsuit will be assigned to the same judge as the first lawsuit. 


No. Representation will be limited to court proceedings.


The fee for all families is the same. We only charge for the H-1B Visa Category Applicant or Visa Holder. We do not charge extra fee for spouses or children in H-4 category. 


No. No litigation is ever guaranteed. Plus, that is not our goal. Our goal will be the entry of our clients into the US without unreasonable restrictions put in place by President Trump on September 19, 2025. We are pursuing this group lawsuit because we believe in your right to a fair outcome, and we will fight hard to advocate for you. But we also want to be transparent: while we’re hopeful, committed, and optimistic, we cannot promise or guarantee success. Litigation carries uncertainty, and court decisions are ultimately beyond our control. We ask that all participants join with hope, but also with realistic expectations.


We currently do not plan or expect to file a motion for class certification in this lawsuit. This means we will not be seeking relief for non-plaintiffs. Those who choose to sit on the sidelines and not participate in the lawsuit are very unlikely to see relief from the lawsuit. The only exception where we may consider converting the group lawsuit to a class action is if at a later date, the judge suggests it or the judge is hesitant to give relief because it is not a class action lawsuit, we will revisit that issue. 


No. 


Nationals of countries impacted by President Trump’s June 4, 2025 travel ban face an additional barrier to issuance and entering the US, and bringing arguments challenging that barrier into this lawsuit would be a distraction from the goal of this group lawsuit. The goal of this lawsuit will be the entry of our clients into the US without the unreasonable restrictions put in place by President Trump’s September 19, 2025 proclamation. 


FOR QUESTIONS NOT ANSWERED ABOVE, CONTACT US:  

ENGLISH

Curtis Lee Morrison 

Telegram: https://telegram.im/@curtisatlaw 

Whatsapp: https://wa.me/17146613446 

  

MANDARIN

Chuck – WeChat ID: Xiaoxing_ChuckGuoEsq


 SPANISH: 

Elsi - https://wa.me/14049160065 

  

GERMAN

Rabea – Telegram: https://telegram.im/@RabeaK

  

TAGALOG/CEBUANO

Garrett – Telegram: https://telegram.im/@GarrettMay 


 SOMALI

Abdullahi: http://telegram.im/@Abdullahi_Abdi 


FARSI:  

Farshad: https://wa.me/18595509377

https://telegram.im/@Farshad_Amirkhani


RUSSIAN: 

Gulnaz - http://telegram.im/Gulnaz_Law 



Red Eagle Law, LC

5256 S. Mission Road, Suite 135

Bonsall, CA 92003

Free Consultation 858-343-2422

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