Chamber Sues to Block $100,000 H-1B Visa Fee

The business lobby says rule exceeds Immigration and Nationality Act

Chamber Sues to Block $100,000 H-1B Visa Fee
Photo of U.S. Chamber of Commerce Executive Vice President Neil Bradley from the ACEC site.

WASHINGTON, Oct. 17, 2025 – The world’s largest business federation went to court Thursday to challenge the White House’s $100,000 fee on H-1B visas, calling it an unlawful overreach.

The U.S. Chamber of Commerce, which represents nearly 3 million businesses and trade associations nationwide, said the rule violated the Immigration and Nationality Act, which required visa fees to reflect costs “incurred by the government in processing visas,” rather than deter participation.

Neil Bradley, the Chamber’s executive vice president, said the measure would make it “cost-prohibitive for U.S. employers, especially startups and small and midsize businesses.” He urged the administration to work with Congress on reforms that expand access to skilled labor instead of restricting it.

The Chamber said the H-1B program “is an essential tool that helps employers of all sizes meet critical skills needs,” and added that high-skill immigration raises productivity and wages without displacing U.S. workers.  

Research cited by the Chamber found that H-1B hiring complemented rather than replaced U.S. workers. The National Foundation for American Policy reported that occupations with more H-1B holders saw lower unemployment and faster earnings growth for Americans, while studies from the Mercatus Center and Wharton School showed that visa limits reduced U.S. tech jobs and pushed investment overseas.

Created by Congress in 1990 to let U.S. firms hire foreign professionals in technical and scientific fields, the H-1B program is capped at 65,000 new visas annually. India and China accounted for the most recipients, which reflected persistent demand for STEM expertise.

The Chamber has frequently challenged federal rules it deemed unlawful. Since 2017, it has filed 25 lawsuits over visa and employment policies. 

Bradley said the Chamber credited President Trump for strengthening border security and argued that it created a “once-in a generation opportunity to accomplish targeted legal immigration reforms.” He added, “We stand ready to work with Congress and the administration to make that happen.”

Member discussion

Popular Tags