U.S. Chamber of Commerce Sues Trump Over $100K H-1B Visa Fee

The U.S. Chamber of Commerce is taking legal action against the Trump administration, challenging a new $100,000 fee on H-1B visa applications that it says could do serious damage to American businesses.

Filed in federal court in Washington, D.C., the lawsuit argues that the fee, introduced under a September executive order, goes beyond the powers granted to the president. The Chamber, which represents more than 3 million businesses, says the order threatens to disrupt a system that U.S. companies—especially in tech—have relied on for years to bring in highly skilled workers.

The H-1B visa program allows U.S. companies to hire foreign talent for specialized roles, particularly in science, engineering, and tech. With a cap of 65,000 visas annually (plus 20,000 more for advanced degree holders), the program has long been seen as a key way for American firms to fill gaps in the workforce that can't easily be met by domestic hires.

But the new six-figure fee, which applies only to new visa applications, has sparked widespread backlash across the business world. Critics say it could make the program unaffordable—especially for startups and mid-size firms—forcing companies to either raise costs or reduce hiring.

According to the Chamber’s legal filing, the policy would make companies choose between dramatically increasing their labor costs or hiring fewer highly-skilled workers. The group also warned that many of its members are now "bracing for the need to scale back or entirely walk away from the H-1B program."

The White House has defended the move, saying the fee is a "necessary, initial, incremental step towards necessary reforms" and aims to curb abuse of the visa system. Commerce Secretary Howard Lutnick echoed that stance, claiming that companies should ask themselves: "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?"

Still, the move hasn’t gone over well with tech leaders, many of whom used the H-1B visa themselves early in their careers. Elon Musk, Satya Nadella, and Sundar Pichai are just a few who’ve voiced concerns about what this change could mean for innovation in the U.S.

Before this order, businesses typically paid between $2,000 and $5,000 per H-1B application. The Chamber says most petitions come in under $3,600—making the jump to $100,000 a massive leap that risks pricing out even large firms.

Trump’s order also introduced a separate “gold card” fast-track visa for wealthy immigrants willing to pay fees starting at £1 million.

This isn’t the only legal challenge the policy is facing. Labor unions, healthcare employers, and religious groups have also filed suit in California, raising similar concerns.

Despite the friction, the Chamber was quick to point out that it does support parts of Trump’s economic agenda. In a press release, the organization credited the administration with "securing permanent pro-growth tax reforms, unleashing American energy, and unraveling the overregulation that has stifled growth."

Still, the business community seems united in its opposition to the visa fee, warning that instead of protecting U.S. jobs, it might just drive talent—and companies—away.