Appeals Court Takes Up Dispute Over Trump’s $100,000 H-1B Visa Fee

The US Chamber of Commerce is appealing a federal court’s decision to uphold the Trump administration’s controversial $100,000 fee on H-1B visa applications. This visa is crucial for American technology companies that rely on skilled foreign workers.

On Monday, the national business group filed a notice of appeal in Washington federal court. This follows a ruling on December 23, where a judge determined that President Donald Trump’s initiative to significantly raise the cost of the widely-used visa is lawful.

The ongoing legal battle in Washington is intensified by a September proclamation from Trump, which is facing additional challenges in Massachusetts from over a dozen predominantly Democratic-led states, as well as in California from a global nurse-staffing agency and various unions. This dispute is anticipated to eventually reach the US Supreme Court.

The H-1B visa program serves as a cornerstone of employment-based immigration, enabling US companies to hire college-educated foreign workers for specialized roles. Trump’s decision to increase the application fee aims to deter companies from misusing a program he claims displaces American workers.

This move represents a significant departure from the United States’ historical approach to immigration. Since its inception, the country has embraced individuals from diverse backgrounds seeking better opportunities and freedoms.

Trump and Commerce Secretary Howard Lutnick have speculated that the new H-1B fee could generate a substantial revenue stream for the US Treasury, potentially totaling $100 billion or more. However, immigration attorneys have warned that such a drastic increase in costs could lead to significant disruptions, ultimately proving costly for the US economy.

The Chamber of Commerce, the largest business lobbying organization in the nation, contends that the fee increase is unlawful. They argue that it overrides federal immigration law and exceeds the fee-setting authority granted by Congress.

In her ruling on December 23, US District Judge Beryl Howell dismissed the Chamber’s argument, asserting that Trump possesses the authority to impose the fee. Appointed by former President Barack Obama, Judge Howell concluded that the proclamation was issued under “an express statutory grant of authority to the President.”

Bloomberg Intelligence Litigation Analyst Matthew Schettenhelm noted that the Chamber faces a challenging path ahead in their appeal. He remarked, “Though the Chamber had a solid judge — Obama-appointee Judge Beryl Howell, who’s been tough on the Trump administration — she handed Trump a sweeping victory. If Judge Howell didn’t find legal defects in the novel proclamation, we doubt the DC Circuit or US Supreme Court would either.”

The case is officially titled Chamber of Commerce v. US Department of Homeland Security, 25-cv-03675, in the US District Court for the District of Columbia (Washington).

Photo: President Donald Trump delivers remarks alongside a poster of the “Trump Gold Card” before signing an executive order at the White House in Washington on Sept. 19. (Bloomberg)

Copyright 2025 Bloomberg.

The US Chamber of Commerce is appealing a federal court’s decision to uphold the Trump administration’s controversial $100,000 fee on H-1B visa applications. This visa is crucial for American technology companies that rely on skilled foreign workers.

On Monday, the national business group filed a notice of appeal in Washington federal court. This follows a ruling on December 23, where a judge determined that President Donald Trump’s initiative to significantly raise the cost of the widely-used visa is lawful.

The ongoing legal battle in Washington is intensified by a September proclamation from Trump, which is facing additional challenges in Massachusetts from over a dozen predominantly Democratic-led states, as well as in California from a global nurse-staffing agency and various unions. This dispute is anticipated to eventually reach the US Supreme Court.

The H-1B visa program serves as a cornerstone of employment-based immigration, enabling US companies to hire college-educated foreign workers for specialized roles. Trump’s decision to increase the application fee aims to deter companies from misusing a program he claims displaces American workers.

This move represents a significant departure from the United States’ historical approach to immigration. Since its inception, the country has embraced individuals from diverse backgrounds seeking better opportunities and freedoms.

Trump and Commerce Secretary Howard Lutnick have speculated that the new H-1B fee could generate a substantial revenue stream for the US Treasury, potentially totaling $100 billion or more. However, immigration attorneys have warned that such a drastic increase in costs could lead to significant disruptions, ultimately proving costly for the US economy.

The Chamber of Commerce, the largest business lobbying organization in the nation, contends that the fee increase is unlawful. They argue that it overrides federal immigration law and exceeds the fee-setting authority granted by Congress.

In her ruling on December 23, US District Judge Beryl Howell dismissed the Chamber’s argument, asserting that Trump possesses the authority to impose the fee. Appointed by former President Barack Obama, Judge Howell concluded that the proclamation was issued under “an express statutory grant of authority to the President.”

Bloomberg Intelligence Litigation Analyst Matthew Schettenhelm noted that the Chamber faces a challenging path ahead in their appeal. He remarked, “Though the Chamber had a solid judge — Obama-appointee Judge Beryl Howell, who’s been tough on the Trump administration — she handed Trump a sweeping victory. If Judge Howell didn’t find legal defects in the novel proclamation, we doubt the DC Circuit or US Supreme Court would either.”

The case is officially titled Chamber of Commerce v. US Department of Homeland Security, 25-cv-03675, in the US District Court for the District of Columbia (Washington).

Photo: President Donald Trump delivers remarks alongside a poster of the “Trump Gold Card” before signing an executive order at the White House in Washington on Sept. 19. (Bloomberg)

Copyright 2025 Bloomberg.