US Chamber of Commerce sues Trump administration over $100,000 H-1B visa fee, citing harmful impact on American businesses

The US Chamber of Commerce has filed a lawsuit against the Trump administration challenging the recently imposed $100,000 annual fee on H-1B visas, which allow U.S. companies to hire highly skilled foreign workers for specialized roles.

The fee, introduced by President Donald Trump last month via an executive order, drastically increases the cost of obtaining H-1B visas from previous fees of $2,000 to $5,000 to an unprecedented $100,000, igniting fierce opposition from business groups.

In a statement, Neil Bradley, Executive Vice President and Chief Policy Officer of the Chamber, described the new fee as "unlawful" because it overrides the Immigration and Nationality Act provisions that regulate the H-1B program, including the fundamental requirement that visa fees reflect the government's processing costs.


Bradley emphasized that the exorbitant fee will make it prohibitively expensive for US employers—especially startups and small to mid-sized businesses—to utilize the program intended to help them access global talent essential for growth in sectors like technology, engineering, and science.

The lawsuit frames the fee as a roadblock that threatens the competitiveness and expansion of American companies. It warns the move may push skilled talent toward economic rivals abroad, diminishing the United States' advantage in attracting top international experts.

The Chamber acknowledges supporting many Trump administration initiatives, such as pro-growth tax reforms and deregulation, but calls for a balanced approach that sustains the country's ability to attract and retain the "world's best and brightest" workforce.

The administration defends the fee as part of a broader strategy to reform the H-1B program to root out abuse and prioritize American workers. Trump described misuse of the program as a "national security threat," citing visa fraud and low-wage replacement of domestic employees by foreign labor.

Yet, the sweeping fee hike has sparked immediate legal challenges, including this high-profile lawsuit by the Chamber and others filed by healthcare staffing companies and labor unions.

The H-1B program, established by Congress in 1990, caps visas at 65,000 per year, plus an additional 20,000 for advanced degree holders. Visas are valid for three years and can extend to six. The program has long been vital to US innovation and economic growth, particularly in Silicon Valley and other tech hubs. The drastic fee increase risks crippling many firms’ ability to secure crucial foreign expertise.

This lawsuit marks the most significant legal pushback by the US Chamber since Donald Trump began his second term. The outcome will be closely watched as it represents a key clash between the business community and the current administration’s immigration and labor policies.