· USA News · 1 min read
Chamber of Commerce Sues Over Trump’s New $100,000 H-1B Visa Fee
The U.S. Chamber of Commerce filed a federal lawsuit on October 16, 2025, arguing that the Trump administration’s $100,000 H-1B visa fee is “unlawful and economically damaging.” The Chamber says the fee exceeds the limits allowed under the Immigration and Nationality Act (INA) and would severely restrict U.S. companies’ access to skilled foreign talent — especially in tech and engineering. The case, Chamber of Commerce v. DHS (No. 25-cv-3675), is currently before the U.S. District Court for the District of Columbia.
In September 2025, former President Donald Trump announced a new executive order requiring U.S. companies sponsoring foreign workers through the H-1B visa program to pay a $100,000 application fee for each petition.
Previously, most H-1B application costs ranged between $2,000 – $5,000, covering administrative and legal processing fees.
The administration defended the move as a way to “prioritize American workers” and reduce alleged misuse of the H-1B system by large outsourcing firms.
(AP News, Reuters)
The Lawsuit
On October 16, 2025, the U.S. Chamber of Commerce, representing over 300,000 businesses nationwide, filed suit in the U.S. District Court for the District of Columbia.
(U.S. Chamber of Commerce Press Release)
The Chamber argues that:
-The new fee violates the Immigration and Nationality Act (INA), which requires visa-related fees to reflect reasonable administrative costs only.
-The $100,000 amount is “arbitrary and punitive,” designed to deter companies from hiring foreign professionals.
-The rule was issued without the legally required public comment period, making it procedurally invalid under the Administrative Procedure Act (APA).
The lawsuit seeks to block enforcement of the policy and declare it unconstitutional and unlawful.
Government’s Position
The Trump administration maintains that:
-The higher fee helps “safeguard opportunities for American workers.”
-It applies only to new H-1B applications, not to current visa holders or renewals.
(Al Jazeera, Washington Post)
Officials say the fee aims to discourage companies from “over-relying” on foreign labor in sectors like tech, finance, and healthcare — a major point in Trump’s broader “America First” labor policy.
Legal Framework
The Chamber’s legal complaint centers on two key statutes:
-Immigration and Nationality Act (INA): Limits visa fees to amounts that reflect administrative costs.
-Administrative Procedure Act (APA): Requires public notice and comment before implementing regulatory changes.
The Chamber alleges the executive order bypassed these processes entirely, making the action “unlawful, arbitrary, and capricious.”
Economic and Labor Implications
Economists from JPMorgan estimate the new fee could reduce H-1B approvals by 5,000–5,500 per month, disproportionately affecting small and mid-sized firms unable to pay the steep cost.
(Business Insider)
Analysts also warn that:
-The rule could worsen labor shortages in STEM fields, especially in technology and engineering.
-U.S. companies may relocate operations abroad to access global talent.
-Innovation and productivity could decline, given H-1B workers’ significant contribution to the U.S. economy.
(Forbes)
Broader Impact and Global Context
The H-1B program is a cornerstone of the U.S. skilled immigration system, used heavily by tech firms such as Google, Microsoft, and Amazon.
Many foreign professionals — including engineers and developers from India, China, and Turkey — rely on this visa to work legally in the U.S.
If the $100,000 fee remains in place, experts say:
-U.S. competitiveness in the global talent market will decline.
-Foreign STEM graduates may shift to Canada, the UK, or Australia, where visa costs are far lower and policies more welcoming.
What’s Next
The case (Chamber of Commerce v. DHS, No. 25-cv-3675) is ongoing in the U.S. District Court for D.C.
The Chamber has requested an injunction to freeze implementation while litigation proceeds.
A ruling in favor of the Chamber could suspend or overturn the $100,000 fee entirely.
If the Trump administration prevails, the policy could reshape how — and whether — U.S. companies hire foreign tech talent.
The lawsuit marks one of the most consequential challenges to Trump’s immigration and labor policies since his return to office.
At stake is not only the legality of the $100,000 H-1B visa fee but also the future of America’s high-skilled workforce and its role in the global economy.
Whether the court sides with the Chamber or the administration, the outcome will likely set a precedent for how far U.S. presidents can go in reshaping immigration policy without congressional approval.
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