U.S. Chamber of Commerce Files Lawsuit Challenging $100,000 H1B Fee

23 Oct 2025

The U.S. Chamber of Commerce has filed a lawsuit seeking to prevent the U.S. Citizenship and Immigration Services (USCIS) from implementing the $100,000 fee for H1B petitions imposed by presidential proclamation in September 2025. The complaint challenges both the legal authority for the fee and its practical impact on American businesses and the broader economy.

Background on the H1B Program

The H1B visa program has operated for over seventy years as a mechanism for U.S. employers to access specialized talent in fields such as engineering, science, medicine, and technology. Congress established the program with specific requirements designed to balance employer needs for skilled workers with protections for American workers, including prevailing wage requirements, annual numerical limitations, and maximum periods of stay.

Under the statutory framework and implementing regulations, standard H1B petition fees historically have totaled approximately $3,600 per case. These fees are structured to recover the costs of immigration services, fraud prevention, and program administration.

The Presidential Proclamation

The September 2025 presidential proclamation imposed a $100,000 fee on certain H1B petitions, representing a nearly thirtyfold increase over existing fee levels. According to statements from the White House Press Secretary and Secretary of Commerce, the fee appears to apply primarily to initial H1B petitions for individuals who have not previously held H1B status, though significant questions remain about the precise scope and application of the requirement.

For employers ranging from large corporations to small businesses and startups, the fee represents a substantial financial burden that could affect hiring decisions and workforce planning.

Legal Arguments in the Chamber’s Complaint

The Chamber of Commerce’s lawsuit centers on the argument that the presidential proclamation exceeds executive authority under the Immigration and Nationality Act. The complaint asserts that Congress has established specific procedures for setting immigration fees through statute and regulatory rulemaking, and that the $100,000 fee imposed by executive order circumvents these legislative frameworks.

The lawsuit contends that immigration fee levels fall within Congress’s constitutional authority and that any substantial changes to fee structures can only proceed through proper statutory or regulatory channels rather than unilateral executive action.

Economic Impact Concerns

Beyond the legal arguments, the complaint addresses the economic consequences of the fee requirement. The Chamber argues that the substantial cost increase will impede businesses’ ability to access specialized talent, potentially affecting job creation, innovation, and American competitiveness in the global economy. The fee may effectively close pathways for many employers, particularly smaller companies and startups that lack the resources to absorb such significant additional costs for each foreign national hire.

Current Status and Next Steps

The lawsuit joins other pending legal challenges to the presidential proclamation. The court will need to determine whether the executive branch possesses authority to impose fees of this magnitude outside the statutory framework Congress has established for immigration benefit costs. As litigation proceeds, employers and immigration practitioners await clarity on both the legal validity of the fee and any potential preliminary relief that might suspend its implementation pending final judicial resolution.

Conclusion

The U.S. Chamber of Commerce’s lawsuit raises fundamental questions about the separation of powers and the proper procedures for establishing immigration benefit fees. The outcome of this litigation could have far-reaching implications for the H1B program and executive authority over immigration policy. The Murthy Law Firm will continue to monitor developments in this case and provide updates as the litigation progresses.

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved