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$100,000 H-1B Fee Immigration Case Moves Closer To A Conclusion

Plaintiffs argue the $100,000 fee unlawfully exceeds presidential power and would disrupt hiring of skilled foreign workers critical to U.S. industries and education, affecting 65,000 annual H-1B visas.

  • On September 19, 2025, President Donald Trump issued a presidential proclamation imposing a $100,000 charge on certain new H-1B admissions, prompting lawsuits from California Attorney General Rob Bonta and industry groups including the U.S. Chamber of Commerce and the Association of American Universities.
  • Plaintiffs argue the Proclamation "tramples the statutory scheme Congress designed," asserting Section 212 does not authorize displacing INA fee provisions and it bypassed Administrative Procedure Act rule-making.
  • Plaintiffs say the $100,000 fee far exceeds processing costs, representing an increase of more than 1,200%, impacting nearly 30,000 educators and nearly 17,000 healthcare H-1B workers.
  • On Dec. 1, the Department of Justice defended the Proclamation as lawful under Section 212, while plaintiffs filed a reply pressing that the fee "will be disastrous" for education and healthcare institutions.
  • Major tech firms say U.S. Citizenship and Immigration Services limits the $100,000 fee to new entrants, while Indian companies TCS and LTIMindtree do not plan to file new H-1B petitions in the coming year.
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Los Angeles (USA), Dec 12 (EFE).- A coalition of 19 California-led states has filed a lawsuit this Friday against Donald Trump's government for the policy of charging $100,000 for each new H-1B visa applying for foreign employees to work in the United States.

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RealClearMarkets broke the news in on Thursday, December 11, 2025.
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