Federal judge backs Trump's $100K H-1B visa fee

 December 26, 2025

Hold onto your wallets—President Trump’s jaw-dropping $100,000 fee on new H-1B visa holders just got the green light from a federal judge.

In a nutshell, this decision affirms Trump’s authority to impose a massive charge on foreign high-skilled workers entering the U.S. through the H-1B program, even as business heavyweights cry foul, as the Washington Times reports.

Let’s break it down from the top: Trump rolled out this hefty fee aimed squarely at new guest workers under the H-1B visa system, a program long used by tech companies and universities.

Trump's Bold Move on H-1B Fees

These visas bring in brainy talent—think software developers and researchers—but detractors say they often edge out American workers by accepting lower pay.

The fee isn’t a blanket policy; it only hits potential H-1B workers not yet in the U.S., sparing companies from paying for extensions of current visa holders or for foreign students transitioning to work status.

Trump’s take on the H-1B program has been a mixed bag, at times endorsing high-skilled labor to boost U.S. industries while also slamming it for flooding the market with foreign talent.

Court Upholds Presidential Power on Visas

Stepping into the fray, Judge Beryl Howell, an Obama appointee serving in a Washington court, ruled that Trump’s fee falls well within the broad powers Congress grants the president over foreign entry.

She put it plainly, saying, “The parties’ vigorous debate over the ultimate wisdom of this political judgment is not within the province of the courts,” as noted in the court’s findings.

“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 continued. Isn’t that just a fancy way of telling critics to hash it out in the political arena, not her courtroom?

Business Groups Challenge Fee as Unfair

Not everyone’s cheering, though—the U.S. Chamber of Commerce launched a lawsuit, arguing the fee was baseless and violated the Administrative Procedure Act.

Judge Howell didn’t buy it, dismissing the challenge as a matter for political debate rather than judicial overreach, leaving the fee standing firm.

Trump, meanwhile, has defended the charge by pointing to a sharp rise in foreign STEM workers, once stating, “And the key facilitator for this influx of foreign STEM labor has been the abuse of the H-1B visa.” That’s a sharp jab at a program he’s also supported when it suits his narrative.

America First Meets Global Talent Needs

On the other hand, Trump has argued that allowing high-skilled workers aligns with his “America First” vision if they strengthen U.S. industries and share expertise.

Homeland Security is also stirring the pot, proposing tweaks to H-1B rules that would favor higher-paying positions, potentially reshaping who gets in and who doesn’t.

Here’s the rub: this fee isn’t just about money—it’s a loud message that prioritizing American jobs trumps, pun intended, the open-door policies some corporations crave. Yet, let’s not ignore the flip side; these workers often drive innovation, and slamming the door too hard could dull our competitive edge. While the court’s nod to Trump’s policy is a win for his base, the broader tug-of-war between national interests and global talent is far from settled.

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