AAU Joins Legal Challenge to Presidential Proclamation on H-1B Program

As of October 24, Jenner & Block has filed an amended complaint in Chamber of Commerce v. DHS (D.D.C., J. Howell), adding the Association of American Universities (AAU) as a plaintiff, along with a motion for a preliminary injunction (or, alternatively, summary judgment). Declarations were also filed by AAU President Barbara Snyder and ten AAU member institutions — Arizona State, Carnegie Mellon, Illinois Urbana-Champaign, Johns Hopkins, Michigan, Minnesota, Pittsburgh, Utah, Washington University in St. Louis, and Wisconsin–Madison.

The amended complaint argues that the Proclamation exceeds presidential authority under the Immigration and Nationality Act (INA) and Section 212(f), which governs entry restrictions. Specifically, the filing asserts that:

The $100,000 fee is unauthorized by statute, conflicts with existing congressional fee structures for H-1B petitions, and was imposed without notice-and-comment rulemaking.
The Proclamation alters the H-1B program beyond the President’s authority to “suspend or restrict entry.”
The fee’s stated goal of reducing H-1B petitions contradicts Congress’s intent to promote access to high-skilled foreign workers.

The plaintiffs seek injunctive and declaratory relief, arguing that the Proclamation causes immediate and irreparable harm by hindering recruitment and retention, slowing innovation, and disrupting programs that rely on international talent.

While the case remains pending before Judge Beryl Howell in the D.C. District Court, this action reflects a significant escalation of the higher education community’s response to the Proclamation. AAU’s direct participation underscores the broad institutional concern about its potential impact on research, teaching, and innovation across U.S. universities.

We will continue to monitor these developments closely in coordination with Wendy White and the Office of General Counsel and will share updates as they become available.