The US Chamber of Commerce has filed a lawsuit against the Trump administration over a newly imposed $100,000 fee on H-1B visa applications, arguing that the cost threatens to disrupt hiring practices for skilled foreign workers in the United States.
The legal challenge comes after an executive order signed by former President Donald Trump introduced the fee, which applies to new H-1B visa requests. The BBC cites that the Chamber of Commerce, which represents millions of American businesses, said the fee would severely impact companies’ ability to access international talent.
Business Group Opposes Fee as Cost Barrier
Neil Bradley, Chief Policy Officer at the US Chamber of Commerce, said the $100,000 charge “will make it cost-prohibitive” for many US employers to continue using the visa programme. The Chamber’s complaint, filed Tuesday, argued the policy would “inflict significant harm on American businesses,” forcing them to either increase labour costs or reduce hiring of skilled professionals.
Despite filing the lawsuit, the Chamber also acknowledged areas of alignment with the former administration. In a press release, it credited the Trump administration with progress on “pro-growth tax reforms,” energy development, and reducing regulation.
Administration Defends Action as Lawful and Necessary
The White House responded by defending the policy. A spokesperson said the fee is a “necessary, initial, incremental step towards necessary reforms” of the H-1B visa system. The administration has claimed the programme has been misused and contributed to the lowering of wages for American workers.
White House spokesperson Taylor Rogers added that the new rule discourages companies from “driving down American wages,” emphasising that the policy targets only new visa applications.
US Commerce Secretary Howard Lutnick expressed support for the order, saying the measure forces companies to evaluate the value of foreign workers. “The company needs to decide… is the person valuable enough to have a $100,000-a-year payment to the government, or they should head home, and they should go hire an American,” Lutnick said.
Tech Industry Pushback and Economic Concerns
The H-1B visa programme is widely used by technology companies in the US, including major corporations and startups. Executives in the industry have spoken against the new fee, warning it may restrict access to skilled professionals.
Many H-1B visa holders come from countries, and the sector remains one of the largest users of the programme.
New Visa Options and Policy Changes
In addition to the fee, the Trump administration also introduced a new “gold card” visa option for certain immigrants, requiring payments starting at £1 million. This pathway is intended to offer faster processing for individuals deemed high-value applicants.
The fee and other visa changes have sparked concern among smaller companies. Some have said they cannot afford the cost. “There’s no way we can afford $100,000,” said one small business owner, reflecting a growing sentiment among startups.
The outcome of the lawsuit may determine the future direction of skilled immigration policy in the US.
