The US Chamber of Commerce has initiated legal action against the recent implementation of a $100,000 fee on H-1B visa petitions by the Trump administration. The Chamber argues that this fee, introduced on September 19, is unjust and poses a challenge to American employers who depend on skilled foreign labor.
This fee, imposed by Donald Trump, is intended to discourage the hiring of foreign skilled workers and encourage companies to prioritize American employees. The Chamber, through Neil Bradley, Executive Vice President and Chief Policy Officer, expressed concern that this new rule will make it financially burdensome for US employers, particularly small and medium-sized businesses and start-ups, to make use of the H-1B program.
Contrary to concerns raised, the Trump administration clarified that the $100,000 fee is a one-time payment required for new petitions and not an annual charge. The Chamber’s legal filing argues that this fee bypasses the Immigration and Nationality Act, which mandates that visa-related charges should cover administrative costs rather than act as deterrents or revenue sources.
Emphasizing the importance of a balanced visa policy for economic growth, the Chamber stated that the fee violates immigration law and could hinder US competitiveness by limiting access to skilled foreign labor. It highlighted the need for collaboration with Congress to enact sensible reforms that streamline the visa process for skilled workers.
The US Chamber of Commerce has a history of challenging immigration and labor policies that it perceives as detrimental to US business competitiveness. During the previous Trump administration, the Chamber successfully challenged multiple executive actions restricting employer access to H-1B and other employment-based visas. Since 2017, it has filed 25 lawsuits against executive branch actions that it believes harm US business competitiveness.