U.S. News
Judge Backs Trump’s High H-1B Visa Fee Move
Clear Facts
- A federal judge in Washington, D.C. upheld President Donald Trump’s authority to require a $100,000 fee for new H-1B visa applicants.
- The court’s decision validates the White House’s power to regulate entry for foreign workers under current immigration law.
- The new fee only affects new H-1B applicants after September 21 and excludes existing visa holders and earlier applicants.
A federal judge has reinforced President Donald Trump’s ability to require a large fee from businesses seeking new foreign workers through the H-1B visa program.
D.C. District Judge Beryl Howell confirmed the administration’s power to set a $100,000 fee for new applications, marking another significant shift in American immigration policy.
“The lawfulness of the Proclamation and its implementation rests on a straightforward reading of congressional statutes giving the President broad authority to regulate entry into the United States for immigrants and nonimmigrants alike,” the Obama-appointed judge wrote.
This move follows a proclamation Trump signed in September, aiming to ensure U.S. employers reserve visas for the most valuable overseas talent, without undermining opportunities for American workers.
According to the administration, the new fee will not impact current H-1B holders or applications filed before September 21.
“President Trump promised to put American workers first, and his commonsense action on H-1B visas does just that by discouraging companies from spamming the system and driving down American wages, while providing certainty to employers who need to bring the best talent from overseas,” White House spokeswoman Taylor Rogers stated.
The U.S. Chamber of Commerce, representing many employers, challenged the fee in court, arguing it could block businesses from accessing needed global talent.
“We are disappointed in the court’s decision and are considering further legal options to ensure that the H-1B visa program can operate as Congress intended: to enable American businesses of all sizes to access the global talent they need to grow their operations,” Daryl Joseffer, Executive Vice President and Chief Counsel of the U.S. Chamber of Commerce, responded.
Democrat-led states also mounted a lawsuit, claiming the visa program serves employers’ needs for skilled labor, and their challenge is ongoing in Massachusetts federal court.
The Trump administration previously announced it would phase out the H-1B lottery in favor of prioritizing higher-skilled foreign applicants, signaling further reforms to protect American jobs.
Supporters argue these steps strengthen fair hiring and safeguard American opportunities, while critics continue to push legal objections.
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