Washington, Oct 17: The US Chamber of Commerce has filed a lawsuit against the Donald Trump administration over its decision to impose a USD 100,000 fee on all new H-1B visa petitions, calling it a “misguided policy and plainly unlawful” move that could cripple American innovation and global competitiveness.
The lawsuit, filed Thursday in a District Court in Columbia, challenges the administration’s September 19 proclamation, titled “Restriction on Entry of Certain Nonimmigrant Workers.” The Chamber argues that the measure violates the Immigration and Nationality Act, as it unlawfully overrides Congress’s authority to regulate the H-1B visa programme.
The Departments of Homeland Security and State, along with their secretaries Kristi L. Noem and Marco Rubio, have been named as defendants in the case.
Describing the hike as “exorbitant,” Neil Bradley, Executive Vice President and Chief Policy Officer at the Chamber, said the proposed fee up from the current USD 3,600 would make it “cost-prohibitive for US employers, especially start-ups and small businesses, to access the global talent they need to grow.”
In its complaint, the Chamber asserted that while the president holds significant authority over noncitizen entry, such power is limited by statute and cannot contradict laws enacted by Congress. “The proclamation blatantly contravenes the fees Congress has set for the H-1B programme,” the filing states.
The Chamber’s lawsuit stresses that the new rule would disrupt the H-1B system, designed to allow up to 85,000 skilled professionals annually to contribute to the US economy. “If implemented, the fee would inflict significant harm on American businesses, forcing them to either raise labour costs or hire fewer highly skilled employees,” the complaint warns.
Bradley added that while the Chamber has supported Trump’s economic growth agenda, such measures undermine it. “To sustain this growth, the US needs more workers, not fewer,” he said.
Experts note that the decision could severely affect Indian professionals, who account for around 71 per cent of approved H-1B applications, according to USCIS data.
The move also comes as China launches its new K-Visa programme, designed to attract global science and technology professionals without requiring a domestic employer’s invitation a policy seen as a direct bid to lure talent constrained by tightening US visa rules.
The Chamber’s lawsuit concludes that the Trump administration’s proclamation “upends a carefully balanced statutory framework” and risks giving foreign competitors an enduring advantage in attracting global talent.