U.S. Chamber of Commerce Lawsuit Challenges $100,000 H-1B Visa Fee

Key Point 

• The U.S. Chamber of Commerce is suing to block a $100,000 H-1B visa fee, arguing it violates immigration law and harms American businesses 

U.S. Chamber of Commerce Challenges $100,000 H-1B Visa Fee 

On October 16, 2025, the U.S. Chamber of Commerce filed a federal lawsuit against a presidential proclamation that imposes a $100,000 fee on all new H-1B visa petitions. The Chamber argues that this fee violates the Immigration and Nationality Act (INA), which mandates that visa fees be based on actual government processing costs.

The U.S. Chamber of Commerce is the nation’s leading business federation, representing companies of all sizes and advocating for pro-growth policies.

Background on the H-1B Fee  

On September 19, 2025, President Trump issued a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” conditioning H-1B visa entry on a $100,000 payment by sponsoring employers. USCIS, the State Department and Customs and Border Protection enforce the fee on all new petitions that employers file after September 21, 2025. 

For a detailed breakdown of the fee and its implications, visit our H-1B Fee FAQ. 

Legal Basis for the Lawsuit 

The Chamber claims the proclamation exceeds presidential authority and contradicts statutory limits set by Congress. It seeks declaratory and injunctive relief to block the fee and preserve the integrity of the H-1B visa program. 

Economic Impact on U.S. Businesses 

The complaint highlights that the H-1B program has long supported U.S. economic growth. It enables companies to hire highly skilled foreign workers in specialized roles. The new fee, it argues, would disproportionately harm small and mid-sized businesses. It would reduce access to global talent and give foreign competitors a strategic advantage.

Chamber’s Standing and Advocacy Role 

The Chamber asserts standing on behalf of its members, many of whom rely on the H-1B program to fill specialized roles. It emphasizes its mission to advocate for business-friendly policies and challenge executive actions that impose unreasonable costs or hinder innovation. 

History of Legal Action Against Executive Overreach 

Since 2017, the Chamber has filed 25 legal challenges against executive actions it views as exceeding lawful authority. This lawsuit continues its pattern of defending business interests through litigation. 

Other Ongoing Litigation

On December 12, 2025, the Attorneys General of California and Massachusetts sued the Trump administration, challenging its new $100,000 H-1 B visa petition fee as unlawful and harmful to employers. For a full breakdown of the lawsuit, visit Envoy Global’s news alert: States Challenge Trump Administration’s $100,000 H‑1B Fee.

Additionally, on October 3, 2025, a coalition of healthcare organizations, labor unions, academic institutions, religious groups and individual workers filed a federal lawsuit in the Northern District of California challenging the same presidential proclamation and its $100,000 H-1B visa fee. For a full breakdown, visit Envoy Global’s news alert: Lawsuit Challenges $100,000 H-1B Visa Entry Fee. 

Access Your FY 2027 H‑1B Planning Guide

The H-1B program remains crucial for attracting and retaining high-skilled talent. However, FY 2027 presents major challenges for HR and mobility teams as rules, costs and selection criteria continue to shift. 

That’s why we created The $100K Question: How Trump’s H‑1B Changes Impact Your 2026 Strategy. This resource serves as a strategic guide to help employers assess risk, prioritize roles and plan budgets amid ongoing policy changes. 

Complete the form to access the full guide and equip your team with the insights necessary to navigate an evolving U.S. immigration landscape.