On October 16, 2025, the U.S. Chamber of Commerce (USCC) filed a lawsuit challenging the legality of the new $100,000 H-1B fee. USCC said that it believes the new fee “is unlawful because it overrides provisions of the Immigration and Nationality Act that govern the H-1B program, including the requirement that fees be based on the costs incurred by the government in processing visas.”
USCC said it has “heard from many Chamber members—from small to large and across industries—regarding the tremendous negative impact that will be caused” by the fee. The suit argues that “[f]or more than 70 years, what is now known as the H-1B visa program has enabled the United States to harness this magnetic draw. Tens of thousands of highly skilled people in specialized fields boost the American economy each year after obtaining H-1B status. These workers allow businesses of all sizes, in industries across the economy, to innovate and grow. The resulting innovations lead to more American jobs, higher wages, and new products and services that improve the quality of life for all Americans.” Arguing that the new fee “exceeds the President’s lawful authority,” USCC noted that before the presidential proclamation at issue, Restriction on Entry of Certain Nonimmigrant Workers (Sept. 2025), most H-1B petitions cost less than $3,600.
On the same day the lawsuit was filed, USCC published H-1B Visas: What You Need to Know. The brief report notes that “decades of research show that high-skill immigration raises output and local wages without reducing domestic employment. Persistent labor shortages in computer, math, and engineering occupations underscore the demand for specialized skills.”
