Core Summary

  • The U.S. Chamber of Commerce on Friday urged the Trump administration to withdraw the new $100,000 application fee for H-1B visas, expressing concern that the move could "hinder economic growth."
  • In a letter to Commerce Secretary Howard Lutnick, Neil Bradley, the Chamber's chief policy officer and head of strategic advocacy, said the fee would suppress domestic job creation—high visa costs would prompt some corporate functions to move overseas. He also noted that the fee would be particularly disadvantageous to small, medium-sized, and startup businesses that also rely on H-1B visas but have less ability to pay, and could diminish the economic contributions of foreign students educated in the U.S., while reducing funds companies could use for investment.
  • The letter stated: "For these reasons, we believe it would be beneficial for the administration to withdraw the decision to impose the new $100,000 fee in the September 19, 2025 proclamation; instead, we encourage the administration to work with Congress to study reforms to the H-1B program and consider appropriate increases in annual visa numbers to meet growing economic demand."

In-Depth Analysis

According to the American Immigration Council, H-1B is a temporary visa program with an initial validity period typically of three years, allowing employers to petition for highly educated foreign professionals working in "specialty occupations" such as mathematics, engineering, technology, and medical sciences.

Since President Donald Trump announced on September 19 that the government would impose an additional $100,000 fee on H-1B visa applications, this visa category has again become a focal topic. As previously reported by CFO Dive, the proclamation stated that the H-1B program has "undermined America's economic and national security" and has been "deliberately exploited to replace, rather than supplement, American workers with low-paid, low-skilled foreign labor."

In the letter, the Chamber fully supported the H-1B program, asserting that it has continuously contributed to U.S. economic growth since 1990, and cited research indicating that in computer programming, H-1B workers complement rather than substitute for American workers. The letter also noted that over the past 20 years, the U.S. labor force has grown by nearly 21 million people, while the number of H-1B visas has remained largely flat. Furthermore, the program is not used solely by the information and professional services industries but spans multiple sectors.

Beau Cooper, an immigration law specialist at the immigration law firm Fragomen, Del Rey, Bernsen & Loewy, said in an email to CFO Dive last week that the sudden introduction of the fee is a "significant change to the long-stable H-1B process."

Cooper said last week: "Employers need to assess the financial impact on affected new hires, weigh the cost-benefit of bringing in new talent from outside the U.S., consider alternative visa options where appropriate, and adjust their workforce strategies accordingly."

Cooper also noted that the proclamation introduced a new type of "national interest exception" mechanism, which "provides employers with a critical opportunity to avoid substantial and unnecessary costs—costs that are not necessarily related to the administration's stated goals—by demonstrating how their hiring of H-1B personnel supports U.S. national interests." He added that litigation is expected and worth close attention, as judicial challenges could affect how the policy is actually implemented.

Last week, Bloomberg reported that the U.S. Chamber of Commerce is seeking support from its members to file a lawsuit against the Trump administration over the visa system changes, reportedly polling members on whether they support a legal challenge.

As of press time, neither the U.S. Chamber of Commerce nor the U.S. Department of Commerce immediately responded to requests for comment.