Trump’s $100,000 H-1B Visa Fee Faces Court Battle

Trump’s $100,000 H-1B Visa Fee Faces Court Battle

President Donald Trump announced a dramatic rise in the cost of applying for an H-1B visa. These visas allow American employers to bring in highly skilled workers from overseas, particularly in areas such as technology, healthcare, engineering and education. Until now, the fees were usually between $2,000 and $5,000. The new charge is set at $100,000, a figure that has shocked employers and sparked widespread opposition.  

Why States Are Suing

California and 19 other states launched a federal lawsuit in Massachusetts to block the fee. Their case rests on three main points:  

- The President does not have the legal authority to impose such a steep charge. U.S. law says immigration fees should only cover the cost of running visa programmes, not be used to raise money for general government spending.  

- The fee goes beyond what Congress has authorised. Only Congress can approve measures that act like taxes or revenue-raising schemes.  

- The cost will damage public services. Hospitals, schools and universities rely on skilled foreign staff, and the new fee will make it far harder to recruit them.  

States involved include New York, Massachusetts, Illinois, New Jersey and Washington, alongside California.  

The Arguments

Critics of the fee say it creates an impossible financial barrier for employers. They warn it will worsen shortages in vital sectors such as healthcare and education. They also argue that the administration did not follow proper legal procedures before introducing the measure.  

The Trump administration, however, insists the fee is both lawful and necessary. Officials claim it will reduce “abuse” of the H-1B system and protect American workers from being undercut by cheaper foreign labour.  

Other Challenges

The states are not alone. Business groups, including the U.S. Chamber of Commerce, unions and other organisations, have also filed separate lawsuits. One of these cases is due to be heard shortly in Washington, D.C.  

Who Will Be Hit

The fee applies only to new H-1B applications submitted after 21 September 2025. Existing visa holders and earlier applicants are not affected. The sectors most at risk are those that depend heavily on international talent, such as technology firms, hospitals, research centres and universities.  

Conclusion

This legal battle is about more than money. It raises fundamental questions about presidential power, immigration policy and the role of Congress. The outcome will shape how America balances protecting its workforce with attracting the skilled professionals its economy and public services urgently need.