Washington, D.C.: The US Chamber of Commerce on Thursday filed a lawsuit against President Donald Trump’s administration, challenging the controversial $100,000 fee imposed on new H-1B visas for highly skilled foreign workers.
Representing more than 300,000 businesses, the Chamber’s move marks its first legal challenge against Trump in his current term. The suit, filed in the Washington D.C. federal court, argues that the September proclamation imposing the steep fee exceeds the President’s authority and disrupts the visa framework established by Congress.
Reuters quoted the Chamber as saying that the executive order would “force businesses that rely on the H-1B programme to choose between dramatically increasing their labor costs or hiring fewer highly skilled workers.”
What the order entails
President Trump’s executive order, signed in September, introduced the unprecedented $100,000 application fee for new H-1B visa petitions, effective October 6. The H-1B programme, which allows US employers to hire skilled foreign professionals—70% of whom are Indian—has long been a cornerstone of the American tech industry.
The order, part of Trump’s pledge to “put American workers first,” triggered panic across global tech hubs, with companies and immigration attorneys warning that the decision would devastate innovation-driven sectors.
A subsequent clarification from the White House stated that the fee would apply only to new applicants, not renewals or current visa holders.
Industry backlash
Businesses and advocacy groups have slammed the move as economically damaging and legally indefensible. The Chamber warned that many of its members are now considering scaling back or exiting the H-1B programme entirely.
“Many members of the US Chamber are bracing for the need to scale back or entirely walk away from the H-1B program, to the detriment of their investors, customers, and their own existing employees,” the lawsuit said.
Currently, employers sponsoring H-1B workers pay between $2,000 and $5,000 in fees, depending on company size and other factors.
Multiple legal challenges
The Chamber’s lawsuit is not the only one. Unions, employers, and religious organisations have also filed a separate case in a California federal court challenging the legality of the fee hike, calling it discriminatory and arbitrary.
The H-1B programme has been a recurring target of Trump’s “America First” agenda, which seeks to restrict immigration and tighten work visa rules to protect domestic employment.