A federal judge upheld the $100,000 H-1B visa fee, ruling Trump has authority despite business and university warnings of significant harm.
WASHINGTON: A US federal judge has upheld President Donald Trump’s USD 100,000 fee to process H-1B visa applications.
In a 56-page opinion, US District Judge Beryl Howell acknowledged the fee could “inflict significant harm on American businesses and institutions of higher education.”
She wrote that the president has “broad statutory authority” to address a perceived economic and national security problem.
The USD 100,000 application fee was announced in September with just 36 hours notice before taking effect.
Its abrupt implementation triggered chaos and confusion over its mechanics and targets.
The H-1B fee is part of a broader immigration crackdown by Trump since returning to the White House.
It marks a new front by previously not targeting the visa category heavily relied upon by Silicon Valley.
Trump has argued the H-1B system is abused to replace American workers with cheaper foreign labour.
The United States awards 85,000 H-1B visas annually through a lottery system.
India accounts for approximately three-quarters of all recipients.
Tech entrepreneurs, including former Trump ally Elon Musk, have warned against targeting H-1B visas.
They argue the US lacks sufficient homegrown talent to fill critical tech sector vacancies.
The lawsuit was brought by the US Chamber of Commerce and the Association of American Universities.
The plaintiffs collectively represent pro-business interests and 69 US-based research universities.
They claimed the affected workers “contribute enormously to American productivity, prosperity and innovation.”
The Chamber is typically Republican-friendly, spending over USD 76 million on lobbying in 2024 alone.
It also contributed nearly USD 6 million directly to Republican groups and candidates, according to OpenSecrets.org.
At least two additional lawsuits against the USD 100,000 H-1B visa fee remain ongoing.
