The U.S. Chamber of Commerce (COC) filed a lawsuit blocking the proposed $100,000 H-1B visa fee. The COC argues the new fee, which takes effect of the FY2027 H-1B lottery in March 2026, negatively impacts the tech, healthcare, higher education and manufacturing industries. The lawsuit is second major lawsuit against the proposed the H-1B fee.

The lawsuit disputes both the impact and implementation of the new H-1B fee. One of the main components of the plaintiff’s argument is the negative impact of the fee’s proclamation on the American economy. Due to its’ sudden nature, the proclamation caused a wave of panic in U.S. businesses reliant on foreign workers. Additionally, the lawsuit argues the new H-1B fee isn’t related to any of U.S. Citizenship and Immigration Services’ (UCIS) costs of operations. The plaintiffs also argue the implementation of the new H-1B fee lacked the required review period.

Proclaimed on September 21, 2025, the $100,000 H-1B visa fee encourages companies to hire American-born workers rather than foreign workers. Government agencies cite the use of the H-1B program to replace, not supplement, American workers as justification. The change doesn’t affect H-1B workers already in the U.S., only prospective petitioners. The government clarified the new fee won’t apply to certain professions it deems hiring is in the national interest. It’s still unclear how immigration agencies determine if a position is in the national interest.

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