A US federal judge on Tuesday upheld President Donald Trump’s $100,000 fee for processing H-1B visas, warning that it could “inflict significant harm on American businesses and institutions of higher education.”
In a 56-page ruling, US District Judge Beryl Howell said the president has “broad statutory authority” to address issues he deems matters of economic and national security.
The fee, announced in September, took effect with only 36 hours’ notice, sparking confusion over how it would be implemented and which applicants would be affected. The H-1B visa program, relied on heavily by Silicon Valley, grants 85,000 visas annually through a lottery system, with roughly three-quarters going to Indian nationals.
Trump argued the system was being exploited to replace American workers with foreign employees willing to work for lower wages. The fee forms part of a broader immigration crackdown by his administration.
The lawsuit challenging the fee was filed by the US Chamber of Commerce and the Association of American Universities, which argued that H-1B workers “contribute enormously to American productivity, prosperity and innovation.” Tech leaders, including Elon Musk, had warned that limiting H-1B visas could worsen talent shortages in critical sectors.
The Chamber of Commerce, a traditionally Republican-leaning lobbying group, spent over $76 million on lobbying in 2024, including nearly $6 million to support Republican candidates, according to OpenSecrets.org. At least two other lawsuits against the visa fee remain pending.
