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Friday, November 21, 2025

US employers challenge Trump’s $100,000 visa fee - HRD America

Employers claim the fee is unlawful, limits employers’ access to talent

The US Chamber of Commerce is challenging in court President Donald Trump's order to impose a US$100,000 fee on new H-1B visa applications.

The chamber is arguing that the new fee is unlawful because it contradicts provisions of the Immigration and Nationality Act, which govern the H-1B programme, including the requirement that fees should be based on the costs incurred by the government in processing visas.

"It blatantly contravenes the fees Congress has set for the H-1B programme and countermands Congress's judgement that the programme should provide a pathway for up to 85,000 people annually to contribute their talents to the United States for the betterment of American society," the chamber said in its legal challenge.

It also underscored the impact of the massive fee on the H-1B visa's accessibility to employers.

"The new $100,000 visa fee will make it cost-prohibitive for U.S. employers, especially start-ups and small and midsize businesses, to utilise the H-1B programme, which was created by Congress expressly to ensure that American businesses of all sizes can access the global talent they need to grow their operations here in the U.S.," said Neil Bradley, Executive Vice President and Chief Policy Officer at the U.S. Chamber, in a statement.

H-1B visa programme

The H-1B is a non-immigrant visa in the US that allows employers to hire foreign workers in speciality occupations, allowing them to...



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