US Chamber Of Commerce Sues Trump Administration Over 'Plainly Unlawful' $100,000 H-1B Visa Fee

The U.S. Chamber of Commerce is suing the Trump administration over its $100,000 fee on new H-1B visa petitions.

Chamber Says Fee Harmful To Small Businesses, Startups

The organization, which says it represents about 300,000 businesses, filed a lawsuit on Thursday. It stated that the fee is unlawful because it violates the Immigration and Nationality Act, which governs the H-1B program, including the requirement that fees be based on the costs incurred by the government in processing visas.

“The Proclamation is not only misguided policy; it is plainly unlawful,” stated the lawsuit.

Chief Policy Officer Neil Bradley said the fee would make it “cost-prohibitive” for U.S. employers—especially start-ups, small, and midsize businesses.

He added that the Chamber was prepared to collaborate with Congress and the administration to improve the visa process for skilled workers.

See Also: Trump Administration Reportedly Plans Major IRS Shake-Up That Would Make It Easier To Target Democratic Donors

H-1B Fee Sparks Legal Battle, China Unveils K-Visa Plan

This is not the first lawsuit against the plan. Earlier this month, a coalition that includes the United Auto Workers union and the American Association of University Professors filed a lawsuit in federal court in San Francisco seeking to block the fee.

Since this category of visas was created in 1990, Congress has limited the number of H-1Bs made available each year. The current annual statutory cap is 65,000 visas, with 20,000 additional visas for foreign professionals who graduate with a master's degree or doctorate from a U.S. institution.

FWD.us, a bipartisan political group, estimated in January, that there are as many as 730,000 H-1B holders within the U.S.,and an additional 550,000 dependents, representing nearly 1.3 million U.S. residents.

Meanwhile, China has launched a new visa program, the “K-visa,” designed to attract foreign professionals, particularly young graduates in STEM fields, without the need for local employer sponsorship. This move has raised concerns about its potential impact on the U.S. H-1B visa program.

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