Article Summary

The U.S. Chamber of Commerce has filed a lawsuit against the Trump administration's $100,000 H-1B visa fee, imposed by a September 19, 2025 presidential proclamation, following an earlier legal challenge. The lawsuit, filed on October 16, 2025, argues the fee exceeds presidential authority, conflicts with congressional immigration law regarding H-1B fees, and was not established via proper notice-and-comment rulemaking. It seeks to enjoin and set aside the proclamation, citing significant harm to businesses and the U.S. economy.

TNP AI: Key Insights

This legal challenge is crucial because the proposed $100,000 H-1B fee would drastically increase hiring costs for U.S. businesses, particularly small and medium-sized enterprises, making it prohibitive to secure high-skilled foreign talent. For individual H-1B visa applicants, it represents a significant barrier to employment and a potential redirection of talent to other countries.

This lawsuit builds on a precedent of legal challenges against presidential immigration proclamations, echoing the successful NAM v. DHS case that blocked a 2020 proclamation suspending H-1B entries. Congress has historically set specific, lower fees for the H-1B program, establishing a delicate balance that the Chamber argues this proclamation upends.

If the fee stands, it could severely limit the U.S.'s ability to attract and retain global tech and engineering talent, benefiting competitor nations. Conversely, a successful lawsuit would remove this financial hurdle, preserving access to skilled workers for U.S. industries and potentially preventing an exodus of talent. The court's decision will have broad implications for the extent of presidential authority over immigration fees and the H-1B program's structure, influencing future administrative actions and potentially sparking further legislative efforts to clarify fee-setting powers.