Judge Upholds Trump’s $100,000 H-1B Visa Fee Despite Business Lobby Challenge

By Mintesinot Nigussie
Published on 12/24/25

A federal judge has upheld President Donald Trump’s 100,000 US dollars fee on new H-1B visas for highly skilled foreign workers, rejecting claims by the U.S. Chamber of Commerce that the measure would unduly burden employers, Reuters reported.

U.S. District Judge Beryl Howell, an Obama appointee, ruled that the fee falls within the president’s authority to regulate immigration. Howell emphasised that courts cannot question the policy’s merits so long as it complies with federal law. “The parties’ vigorous debate over the ultimate wisdom of this political judgment is not within the province of the courts,” she wrote.

The H-1B program allows U.S. employers to hire foreign workers in specialty fields, providing 65,000 visas annually, with an additional 20,000 for advanced-degree holders. Typically, application fees range from about $2,000 to $5,000. Trump’s order raises the cost sharply, citing federal immigration powers to restrict entry of foreign nationals when deemed necessary to protect U.S. workers.

The Chamber argued that the steep increase would force many companies, hospitals, and small businesses to cut jobs or services, placing employers in a position to either absorb higher labour costs or hire fewer skilled foreign workers. Daryl Joseffer, the Chamber’s executive vice president and chief counsel, said the group is considering further legal action.

Judge Howell noted that the administration documented cases of companies laying off American workers while simultaneously petitioning for H-1B visas, supporting the claim that the program displaces domestic employees. Similar lawsuits have also been filed by a coalition of Democratic-led states, employers, nonprofits, and religious organisations. The White House had no immediate comment on the ruling.