A federal judge on Tuesday rejected a challenge by the largest US business lobby group to President Donald Trump's $100,000 fee on newH-1B visas for highly
skilled foreign workers, saying it's a policy decision and falls under his broad powers to regulate immigration. Earlier this year, Trump had signed a proclamation imposing a $100,000 annual H-1B visa fee on highly skilled workers. US District Judge Beryl Howell in Washington DC rejected arguments by the US Chamber of Commerce that the fee conflicts with federal immigration law and will lead many companies, hospitals and other employers to cut jobs and the services they provide to the public. "The parties’ vigorous debate over the ultimate wisdom of this political judgment is not within the province of the courts," Howell wrote. "So long as the actions dictated by the policy decision and articulated in the Proclamation fit within the confines of the law, the Proclamation must be upheld." Howell is an appointee of Democratic former President Barack Obama. The H-1B programme serves as America's gateway for attracting the world's top talent and skilled professionals. Critics say that the H-1B visa system has become a pipeline for overseas workers willing to work for lower pay, but supporters say it drives innovation. This year, Amazon was by far the top recipient, with more than 10,000 visas approved, followed by Tata Consultancy Services, Microsoft, Apple and Google. California has the highest concentration of H-1B workers.
US Overhauls H-1B Visa System
Earlier today, the Department of Homeland Security announced its decision to scrap the longstanding lottery system for H-1B work visas. The lottery system will now be replaced with a new approach that prioritises skilled, higher-paid foreign workers. Historically, H-1B visas have been awarded through a lottery system.
The new system will “implement a weighted selection process that will increase the probability that H-1B visas are allocated to higher-skilled and higher-paid” foreign workers, according to an official press release. The new system will go into effect on February 27, 2026, and will apply to the upcoming H-1B cap registration season.
The press release announcing the new rule said it is “in line with other key changes the administration has made, such as the Presidential Proclamation that requires employers to pay an additional $100,000 per visa as a condition of eligibility.”
