US Chamber of Commerce challenges $100,000 H-1B visa fee, cites legal concerns

Move aims to protect US employers, especially small and mid-size businesses

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The US Chamber of Commerce argued in a new legal challenge that the $100,000 fee is unlawful because it overrides provisions of the Immigration and Nationality Act that govern the H-1B programme.
The US Chamber of Commerce argued in a new legal challenge that the $100,000 fee is unlawful because it overrides provisions of the Immigration and Nationality Act that govern the H-1B programme.
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Washington, DC: The US Chamber of Commerce has filed a legal challenge to the administration's $100,000 fee on H-1B visa petitions, an official release by the Chamber stated on Thursday (October 16, 2025).

The Chamber's litigation argues that the new fee is unlawful because it overrides provisions of the Immigration and Nationality Act that govern the H-1B program, including the requirement that fees be based on the costs incurred by the government in processing visas.

In announcing the legal action, Neil Bradley, Executive Vice President and Chief Policy Officer at the US Chamber, issued the following statement:

Cost-prohibitive

"The new $100,000 visa fee will make it cost-prohibitive for US employers, especially start-ups and small and midsize businesses, to utilise the H-1B program, 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 US," Bradley said, as per an official release by the US Chamber of Commerce.

"President Trump has embarked on an ambitious agenda of securing permanent pro-growth tax reforms, unleashing American energy, and unraveling the overregulation that has stifled growth. The Chamber and our members have actively backed these proposals to attract more investment in America. To support this growth, our economy will require more workers, not fewer.

"The president deserves credit for securing our nation's border. With the border secure, we now have a once-in-a-generation opportunity to accomplish targeted legal immigration reforms, and we stand ready to work with Congress and the administration to make that happen.

"That includes working together on common-sense reforms to improve the visa process for skilled workers. The president has said he wants to educate, attract, and retain the world's best and brightest in the US, and the Chamber shares that goal," the US Chamber of Commerce added.

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