A federal judge has expressed skepticism toward a legal challenge against President Donald Trump’s $100,000 fee on new H-1B visas, suggesting the measure may fall within the president’s broad authority to regulate immigration. The comments raise questions about the likelihood of success for lawsuits brought by major business and university groups.
Judge Questions Limits of Presidential Authority
U.S. District Judge Beryl Howell on Friday indicated that President Trump’s decision to impose a $100,000 fee on new H-1B visas for highly skilled foreign workers may be supported by longstanding federal law granting broad authority over immigration matters. Her remarks came during a hearing in Washington, D.C., addressing a lawsuit filed by the U.S. Chamber of Commerce and the Association of American Universities.
Judge Howell told attorneys that Congress has granted the president expansive power to regulate the entry of noncitizens, including the ability to restrict or suspend entry for specific classes of foreign nationals. She cited federal statutes that authorize the president to act when entry is deemed detrimental to U.S. interests.
Business Groups Challenge Scope of Authority
The Chamber of Commerce and the AAU argue that imposing a hefty monetary fee exceeds presidential authority and conflicts with the statute that created the H-1B visa program. They contend that while the president may regulate entry, altering fee structures and employer obligations requires congressional action.
During the hearing, attorneys for the plaintiffs said the administration’s approach effectively rewrites the H-1B program without legislative approval. They warned that allowing such actions could set a precedent that would enable future administrations to bypass Congress when modifying employment-based visa programs.
Administration Defends Fee as Immigration Control
The Department of Justice countered that federal law grants the president broad authority to regulate entry into the United States, including the authority to impose temporary restrictions on specific visa categories. Government attorneys argued that Congress deliberately used broad language to give the executive branch flexibility in responding to economic and national interest concerns.
Judge Howell pressed government lawyers on whether any meaningful limits exist on presidential authority in this area. Justice Department representatives responded that while restrictions must be temporary, the law otherwise provides substantial discretion with few explicit constraints.
Implications for the H-1B Program
The H-1B visa program allows U.S. employers to hire foreign workers in specialty occupations, particularly in technology, engineering, and research fields. Each year, 65,000 visas are available, with an additional 20,000 reserved for workers holding advanced U.S. degrees.
The $100,000 fee represents a dramatic increase from previous costs, which ranged from roughly $2,000 to $5,000. The administration has said the measure addresses concerns that the program has been used to undercut U.S. workers. The fee is set to expire in September 2026 but may be extended.
Looking Ahead
Judge Howell did not indicate when she would rule on the competing motions for summary judgment. Separate lawsuits challenging the fee have also been filed by Democratic-led states and coalitions of employers and nonprofit organizations, signaling continued legal uncertainty.
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