The U.S. Chamber of Commerce filed a lawsuit Thursday challenging the Donald Trump administration’s decision to impose a $100,000 fee on H-1B visa applications. The chamber claims that the imposition of the new fee is illegal and exceeds the powers of the executive branch.
According to the lawsuit, the new fee takes precedence over provisions of the Immigration and Nationality Act that govern the H-1B visa program, including the requirement that visa fees be based on the cost incurred by the government to process them.
“The new $100,000 visa fee will make it unaffordable for U.S. employers, especially startups and small and medium-sized businesses, to use the H-1B program, which was created by Congress specifically to ensure that U.S. businesses of all sizes have access to the global talent they need to grow their operations here in the U.S.,” said Neil Bradley, executive vice president and director of the Chamber of Commerce in American Chamber.
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“President Trump has embarked on an ambitious agenda to deliver lasting pro-growth tax reforms, unleash American energy and unravel excessive regulation that has stifled growth. The Chamber and our members have actively supported these proposals to attract more investment in America. To support this growth, our economy will require more workers, not fewer,” the statement added.
“The president deserves credit for securing our nation’s borders. With the borders secured, we now have a once-in-a-generation opportunity to make targeted reforms to legal immigration, and we stand ready to work with Congress and the administration to make it happen. That includes working together on common-sense reforms to improve the visa process for skilled workers. The president has said he wants to educate and retain the best, brightest, and brightest world chambers in the world attract, target,” the statement ended, sounding conciliatory and highlighting the opportunity for legal immigration reforms.
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Will Trump’s H-1B visa fee be waived?
The suit, filed in federal court in Washington, DC, is the first legal challenge by the US Chamber of Commerce against the Trump administration since the president began his second term in January.
The House, which says it represents 300,000 businesses, is urging the court to declare that Trump exceeded executive authority by imposing the fee and is seeking to block federal government agencies from enforcing it.
The White House, when contacted by news agencies about the lawsuit, did not respond to requests for comment, and it remains unclear how the administration will respond or whether the charge will be waived. For now, the outcome depends on how the case plays out in court.
From $3,600 to $100,000
The lawsuit comes a month after Trump announced the new fee. They allege that some companies used the H-1B program to replace American workers with cheaper foreign workers. Before the executive order, the cost of an H-1B application was just $3,600 and was given out through a lottery, according to the U.S. Chamber of Commerce.
The White House, meanwhile, clarified that the fee does not apply to existing H-1B visa holders and offered a form to allow applicants to request exemptions.
Although the new $100,000 fee is set to expire after a year, the Trump administration could extend it if deemed necessary.
According to the AP, Amazon received the highest number of H-1B visas in 2025, with more than 10,000 granted to the e-commerce giant. Jeff Bezos’ company is followed by Tata Consultancy Services (TCS), Microsoft, Apple and Google, all of which rely heavily on skilled foreign workers.
