Chamber of Commerce sues over Trump’s $100K H-1B paywall

Chamber of Commerce sues over Trump’s $100K H-1B paywall

Summary

The US Chamber of Commerce has filed suit challenging President Trump’s proclamation that would require employers to pay a $100,000 fee when petitioning for new H-1B visas. The Chamber argues the order exceeds presidential authority under the Immigration and Nationality Act, would disproportionately hurt small startups and outsourcing firms, and conflicts with Congress’s ongoing role in shaping visa policy. The complaint names the Department of Homeland Security and Department of State and seeks a declaration that the proclamation (and any agency actions implementing it) are unlawful, an injunction halting implementation, and recovery of fees and costs.

Key Points

  • The proclamation would impose a $100,000 payment on new H-1B petitions, aiming to reduce applications and curb alleged abuse of the programme.
  • The Chamber contends the president overstepped statutory authority under the INA by effectively creating new visa conditions without congressional approval.
  • Named defendants include DHS and State Department officials; the suit cites the programme’s legislative history and economic benefits from foreign-born STEM workers.
  • The Chamber warns the fee will hit small, innovative startups hardest, filtering applicants by employer wealth rather than candidate quality.
  • The complaint highlights US labour shortages (notably in healthcare and STEM) and argues the policy will harm innovation and trade ties fostered by foreign talent.
  • The suit asks the court to block implementation and seek costs, while the Chamber also published commentary urging targeted immigration reform alongside border security.

Why should I read this?

Short version: if you hire tech talent, build startups, or follow immigration policy, this affects you. The Chamber’s challenge could stop a massive fee that would reshape who can bring skilled workers into the US — and set a legal precedent about how far the White House can go on immigration without Congress. Worth a quick skim unless you don’t care about hiring or the tech sector.

Author style

Punchy — this story matters. It isn’t just another policy tweak: it’s a high-stakes legal fight over executive power and the economics of hiring skilled migrants. Read the detail if you want to understand the potential impact on hiring, startups and the tech labour market.

Context and relevance

This dispute sits at the intersection of immigration policy, labour markets and executive authority. The H-1B programme is integral to US tech hiring; a $100k gate for new petitions would change incentives for employers, likely encourage offshoring or alternative hiring strategies, and could chill startup formation. Legally, the case will test limits on presidential proclamations that create de facto new visa conditions — a ruling could influence future immigration actions and regulatory reach.

Source

Source: https://go.theregister.com/feed/www.theregister.com/2025/10/17/chambers_of_commerce_h1b/