U.S. Chamber of Commerce sues Trump administration over $100,000 H-1B
visa fee
[October 17, 2025] By
ALEX VEIGA
The U.S. Chamber of Commerce is suing the Trump administration for
imposing a $100,00 annual fee for new H-1B visa applications, claiming
the fee is unlawful and would significantly harm U.S. businesses.
In a federal lawsuit filed Thursday in Washington D.C., the Chamber asks
the court to declare that President Donald Trump exceeded the executive
branch’s authority by imposing the fee and bloc federal government
agencies from enforcing it.
H-1B visas are meant for high-skilled jobs that tech companies find hard
to fill and are primarily associated with tech workers from India. Big
tech companies are the biggest user of the visa, and nearly
three-quarters of those approved are from India. But there are critical
workers, like teachers and doctors, who fall outside that category.
The Trump administration announced the fee last month, arguing that
employers were replacing American workers with cheaper talent from
overseas. Since then, the White House has said the fee won’t apply to
existing visa holders and offered a form to request exemptions from the
charge.
In its lawsuit, the Chamber argues that the new fee violates the
immigration laws that govern the H-1B program, including the requirement
that fees be based on the costs incurred by the government in processing
visas.
“The President has significant authority over the entry of noncitizens
into the United States, but that authority is bounded by statute and
cannot directly contradict laws passed by Congress,” according to the
complaint, which names the Department of Homeland Security, the State
Department and their respective cabinet secretaries as defendants.
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 Prior to Trump’s proclamation
imposing the new fee, most H-1B visa applications cost less than
$3,600, according to the Chamber.
“If implemented, that fee would inflict significant harm on American
businesses, which would be forced to either dramatically increase
their labor costs or hire fewer highly skilled employees for whom
domestic replacements are not readily available," according to the
complaint.
The new fee is scheduled to expire after a year, but could be
extended if the government determines that is in the interest of the
United States to keep it.
Historically, H-1B visas have been doled out through lottery. This
year, Amazon was by far the top recipient of H-1B visas with more
than 10,000 awarded, followed by Tata Consultancy, Microsoft, Apple
and Google. Geographically, California has the highest number of
H-1B workers.
Critics say H-1B spots often go to entry-level jobs, rather than
senior positions with unique skill requirements. And while the
program isn’t supposed to undercut U.S. wages or displace U.S.
workers, critics say companies can pay less by classifying jobs at
the lowest skill levels, even if the specific workers hired have
more experience.
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