- US court backs Trump’s $100,000 H-1B visa application fee
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Judge rules president has broad authority on economic, national security matters
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Tech firms, universities warn policy hurts innovation, workforce needs
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A United States federal court has upheld President Donald Trump’s controversial $100,000 fee for processing H-1B visa applications, despite concerns that the policy could negatively affect American businesses and higher education institutions.
In a 56-page ruling delivered on Tuesday, US District Judge Beryl Howell said the president acted within his statutory powers, noting that he has broad authority to address issues he considers threats to economic stability and national security.
The judge acknowledged that the steep visa fee could inflict “significant harm” on businesses and universities but ruled that such consequences did not override the executive authority granted to the presidency under existing immigration laws.
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The $100,000 fee, announced in September, took effect with just 36 hours’ notice, triggering widespread confusion among employers, tech firms and educational institutions over its scope and implementation.
The fee forms part of President Trump’s renewed immigration crackdown since returning to the White House. While previous measures focused largely on undocumented migration, the policy marked a rare direct intervention in the H-1B visa programme, which is heavily relied upon by the US technology sector.
Trump has consistently argued that the H-1B system is exploited by companies to replace American workers with lower-paid foreign labour. The United States issues 85,000 H-1B visas annually through a lottery system, with Indian nationals accounting for nearly three-quarters of recipients.
The lawsuit challenging the policy was filed by the US Chamber of Commerce and the Association of American Universities, which represents 69 research universities. The groups argued that H-1B workers play a critical role in driving productivity, innovation and economic growth in the United States.
Several technology leaders, including Trump’s former ally Elon Musk, have also cautioned against restricting H-1B visas, warning that the US lacks sufficient domestic talent to meet demand in key technology roles.
