Trump administration sued by US Chamber of Commerce over $100K H-1B fee — What it means and will the fee be waived?

The US Chamber of Commerce on Thursday filed a lawsuit, challenging the Donald Trump administration's decision to impose a $100,000 fee on H-1B visa petitions. The Chamber contends that the imposition of the new fee is unlawful and exceeds the executive branch's authority.

According to the lawsuit, the new fee overrides provisions of the Immigration and Nationality Act that govern the H-1B visa programme, including the requirement that visa fees should be based on the costs incurred by the government to process them.

"The new $100,000 visa fee will make it cost-prohibitive for US employers, especially start-ups and small and midsize businesses, to utilize 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," Neil Bradley, the Executive Vice President and Chief Policy Officer at the US Chamber of Commerce, said in a statement.

“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 statement added.

“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 statement concluded, striking a conciliatory tone and highlighting the opportunity for legal immigration reforms.

Will Trump’s H-1B visa fee be waived?

The lawsuit, filed in a federal court in Washington, DC, is the US Chamber of Commerce's first legal challenge against the Trump administration since the president began his second term in January.

The Chamber, which says it represents 300,000 businesses, urges the court to declare that Trump exceeded the executive branch’s authority by imposing the fee and seeks a block on federal government agencies from enforcing it.

The White House, when contacted by news agencies about the lawsuit, did not respond to requests for comments, and it remains unclear how the administration will respond or whether the fee will be waived. For now, the outcome hinges on how the case proceeds through the courts.

From $3,600 to $100,000

The lawsuit comes a month after Trump announced the new fee. It argues that some companies were using the H-1B programme to replace American workers with cheaper foreign workers. Prior to the executive order, H-1B application costs were as low as $3,600 and were given out through lottery, per the US Chamber of Commerce.

The White House has since clarified that the fee does not apply to existing H-1B visa holders and has offered a form allowing applicants to request exemptions.

Although the new $100,000 fee is slated to expire after a year, the Trump administration could extend it if deemed necessary.

According to AP, Amazon received the highest number of H-1B visas in 2025, with over 10,000 awarded to the e-commerce giant. Jeff Bezos' company is followed by Tata Consultancy Services (TCS), Microsoft, Apple, and Google, all of which heavily rely on skilled foreign workers.