Overview

• The U.S. Chamber of Commerce filed its lawsuit Thursday in Washington, D.C., seeking to stop enforcement of President Trump’s Sept. 19 proclamation imposing the charge on new H-1B petitions.
• The complaint says the fee exceeds presidential authority and conflicts with the Immigration and Nationality Act’s requirement that visa fees reflect government processing costs, warning it would be cost-prohibitive for startups and small and midsize firms.
• The White House defended the policy as lawful and an initial step to curb abuses and protect American workers, emphasizing it targets only new petitions.
• Administration guidance has clarified the fee is a one-time payment on post–effective date filings and time-limited to a year, though attorneys report the new charge is not yet appearing in the application process.
• A separate lawsuit by unions and health-care groups in California also challenges the fee, as universities, hospitals and tech employers caution it could constrain hiring and access to specialized talent.