The U.S. Chamber of Commerce has initiated legal proceedings to contest a new $100,000 fee imposed on employers seeking to hire workers under H-1B specialty occupation visas. This lawsuit was filed in the U.S. District Court for the District of Columbia, citing violations of the Immigration and Nationality Act (INA) and exceeding the executive branch’s authority.
Overview of the Lawsuit
Filed on Thursday, the lawsuit represents the second challenge against this policy change by the Trump administration. Many businesses relying on the H-1B program found this move surprising and were left scrambling to navigate the implications before the fee’s implementation date of September 21.
Details of the Fee and Impact
- The fee specifically targets new petitions for H-1B workers.
- Employers currently pay approximately $3,600 in fees for H-1B petitions.
- The lawsuit asserts that the fee imposes significant financial burdens on American businesses.
- It suggests that startups and small to medium-sized enterprises may struggle to utilize the H-1B program effectively.
Neil Bradley, the Chamber’s executive vice president and chief policy officer, emphasized that the new fee could make participation in the program financially unfeasible for many employers. This program aims to help businesses access global talent to sustain their operations in the U.S.
Legislative Context
Currently, Congress has defined various fees associated with H-1B petitions, which include those for filing and fraud prevention, targeted at employers with a significant proportion of H-1B workers. The Chamber contends that the INA permits the executive branch to charge fees only for the administration of visa services, and these should be determined via a formal rulemaking process.
Concerns Over Business Viability
The Chamber’s complaint points out that the new fee structure could render the H-1B program nearly inaccessible for many member organizations, particularly small businesses. They argue that the increased cost will prioritize financial capacity over the quality of talent when hiring, contrary to the program’s original intent.
A coalition, including unions and academic groups, previously filed a separate lawsuit challenging the fee as arbitrary and beyond presidential authority. This initial lawsuit raised concerns about worsening labor shortages in critical sectors, such as healthcare.
Administration’s Defense
In response, the White House defended its actions, asserting that they are lawful and represent an essential step toward reforming the H-1B program. The ongoing legal cases center around the potential ramifications of the new fee and the underlying authority for its imposition.
The case is officially listed as U.S. Chamber of Commerce v. DHS, D.D.C., No. 1:25-cv-03675, with the complaint filed on October 16, 2025.
