US Chamber Sues Trump Admin Over $100,000 H-1B Fee

The U.S. Chamber of Commerce filed a federal lawsuit in Washington, D.C., on October 16, 2025, challenging the Trump administration’s newly announced $100,000 annual fee for new H-1B visa applications. The chamber argues the fee is unlawful and would significantly harm U.S. employers that rely on H-1B workers.

In the complaint, the Chamber asks the court to declare that President Donald Trump exceeded the executive branch’s authority by imposing the fee and to block 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; about three-quarters of approved H-1B visas come from India.

The White House has said the fee will not apply to existing visa holders and has offered a form to request exemptions from the charge. The suit argues the new fee violates immigration laws governing the H-1B program, including the requirement that fees be based on the costs incurred by the government in processing visas.

The complaint quotes: "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. The defendants named in the suit are the Department of Homeland Security, the State Department and their respective cabinet secretaries. Prior to Mr. Trump’s proclamation imposing the new fee, most H-1B visa applications cost less than the proposed charge.