The US Chamber of Commerce has filed a lawsuit against the Trump administration over the newly introduced $100,000 fee on H-1B visa applications, arguing that it is unlawful and harmful to American businesses, particularly small and mid-sized companies. The Chamber claims that fee-setting is a power reserved for Congress, and that the executive branch cannot unilaterally impose such a steep charge. According to the complaint, the fee would make it “cost-prohibitive” for businesses to hire skilled foreign workers, undermining the H-1B program’s purpose of supporting US innovation and competitiveness.
The fee, announced by President Trump on September 19, was intended to discourage hiring foreign talent and prioritise American workers. The Chamber’s lawsuit, filed in the District of Columbia against the Department of Homeland Security (DHS) and the Department of State, contends that the move exceeds presidential authority and lacks proper statutory backing. It emphasises that agencies like the US Citizenship and Immigration Services (USCIS) typically determine visa fees based on operational costs, a procedure apparently bypassed in this case.
Industry groups, including technology firms, healthcare providers, and academic institutions, have voiced concern that the fee could restrict access to specialised talent, hinder innovation, and negatively impact the broader economy. The Chamber highlighted that H-1B workers contribute to business growth, job creation, higher wages, and new products and services, and should not be penalised by excessive fees.
While criticism of the program spans political lines, Senator Dick Durbin of Illinois recently argued for reforms to prevent companies from replacing American workers with cheaper foreign labour, calling for Congressional action to safeguard domestic employment. The lawsuit signals rising legal and political challenges to the administration’s attempt to reshape the H-1B program through executive action.
