A federal judge on Tuesday, December 23, 2025, upheld the Trump administration's controversial $100,000 fee for certain H-1B visa petitions, delivering a significant setback to technology companies and business groups across the United States. US District Judge Beryl Howell in Washington D.C. rejected a legal challenge brought by the U.S. Chamber of Commerce and the Association of American Universities, ruling that the fee falls within the President's legal authority to regulate immigration. The decision means the sharply increased cost for hiring skilled foreign workers remains in effect, raising concerns about its impact on industries relying on global talent. ### Court's Decision and Reasoning Judge Howell's ruling found that the $100,000 fee, imposed by a September 19 Proclamation from President Trump, was a lawful exercise of presidential power. She determined that the proclamation aligns with Section 212(f) of the Immigration and Nationality Act. This statute grants the President broad authority to impose restrictions on the entry of foreign nationals if deemed detrimental to US interests^[1][2][3]. The judge stated that Congress has given the President extensive power to regulate entry into the United States for both immigrants and nonimmigrants^[4][5]. She emphasized that this authority applies when the President perceives an issue to be a matter of economic and national security^[3][6]. Judge Howell also noted that the court's role is not to debate the "ultimate wisdom of this political judgment," but rather to ensure the policy fits within legal boundaries^[2][7]. The U.S. Chamber of Commerce, the nation's largest business lobbying group, argued that the President lacked the power to impose such a high fee without explicit congressional approval^[8][9][3]. The Chamber claimed the fee violated federal immigration law and would force companies to cut jobs and services^[2][3]. However, Judge Howell dismissed these arguments, reinforcing the executive branch's discretion in immigration matters^[7][8]. ### Impact on Tech and Business The ruling is a major blow to American technology companies and other sectors that heavily rely on the H-1B visa program to fill specialized roles^[2][7][3]. Previously, H-1B visa fees generally ranged between $2,000 and $5,000, depending on various factors^[2][7]. The new $100,000 charge represents a dramatic increase, making the program significantly more expensive for employers^[9][10]. Business groups have warned that this steep fee will make H-1B visas "cost-prohibitive" for many companies^[3][6]. Daryl Joseffer, Executive Vice President and Chief Counsel for the Chamber of Commerce, stated that many small and medium-sized businesses would struggle to afford the cost^[2][3]. He added that the fee may force companies to choose between higher labor expenses and reduced hiring^[7]. The fee is expected to particularly impact startups, mid-sized firms, universities, research institutions, hospitals, and healthcare providers^[8]. These entities often depend on skilled foreign workers to address labor shortages in critical fields like education and healthcare^[11]. Companies like Amazon, Tata Consultancy Services Ltd., Microsoft, Meta Platforms Inc., and Apple Inc. are among those that utilize H-1B visas most frequently^[3][12]. ### The H-1B Program and Trump's Stance The H-1B visa program is a key component of employment-based immigration in the United States. It allows US employers to hire college-educated foreign workers for specialty occupations requiring specific skills^[2][9][13]. The program issues an annual cap of 65,000 visas, with an additional 20,000 available for workers holding advanced degrees from US institutions^[2][13]. H-1B visas are typically valid for three to six years^[2]. President Trump signed the proclamation imposing the $100,000 fee on September 19, 2025, with the policy going into effect on September 21, 2025^[1][10]. The administration's stated goal behind this measure was to restrict immigration, prioritize domestic workers, and reform a program it claimed had been "deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labor"^[14][3][5]. A White House spokeswoman, Taylor Rogers, called the payment a "necessary and long-overdue first step to reform the H-1B visa program that has been abused at the expense of hardworking Americans"^[5]. ### Ongoing Legal Battles and Future Outlook Despite Judge Howell's ruling, the legal challenges against the $100,000 H-1B visa fee are not entirely over. The U.S. Chamber of Commerce has expressed disappointment with the court's decision and is considering further legal options, including a potential appeal^[2][9][3]. Furthermore, two other significant legal challenges to the fee remain pending in other courts^[1]. Earlier this month, a coalition of 20 U.S. states, led by attorneys general from California and Massachusetts, filed a lawsuit in federal district court in Massachusetts^{[1][14][3][11]}. This lawsuit focuses on the projected negative impact on the public sector, particularly in healthcare and education^[3][11]. Another action was filed in federal district court in California by Global Nurse Force^[1][14][11]. The federal court's decision in Washington D.C. clears the way for one of the most expensive skilled-worker visa fees in US history^[7]. While these legal battles continue, the ruling reinforces executive power over immigration policy and significantly increases cost considerations for employers dependent on global talent.

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