President Donald Trump reportedly scored a major legal victory Tuesday night after a federal judge upheld his administration’s move to impose a steep new fee on H-1B visa applications, reinforcing his push to protect American workers from being undercut by cheap foreign labor.
U.S. District Judge Beryl Howell ruled that Trump has the legal authority to require a $100,000 fee for new H-1B visa applications, a decision that deals a blow to business groups that have long relied on the program. The ruling affirms that the president acted within the powers granted by Congress under immigration law when he issued the proclamation earlier this year.
In a 56-page opinion, Howell, who was appointed by former President Barack Obama, concluded that the law clearly gives the president broad authority to regulate who enters the United States. “The lawfulness of the Proclamation and its implementation rests on a straightforward reading of congressional statutes giving the President broad authority to regulate entry into the United States for immigrants and nonimmigrants alike,” she wrote.
Trump signed the proclamation in September, making approval of new H-1B visas contingent on the six-figure fee. The White House framed the move as a commonsense reform designed to ensure companies only turn to foreign workers when they truly need top-tier talent, rather than using the program to replace Americans and suppress wages, particularly in the tech sector.
The fee applies only to new H-1B applications and does not affect current visa holders or applications submitted before September 21, according to the administration. Trump’s appeal to working-class voters, a cornerstone of his successful 2024 campaign, has centered on putting American workers first and ending what his administration describes as abuse of the immigration system by corporate interests.
“President Trump promised to put American workers first, and his commonsense action on H-1B visas does just that,” White House spokeswoman Taylor Rogers previously said. She added that the policy discourages companies from flooding the system with applications that drive down wages, while still giving employers certainty if they truly need exceptional foreign talent.
The ruling drew immediate criticism from the U.S. Chamber of Commerce, one of the country’s most powerful business lobbies. The Chamber sued the administration in October, arguing that the proclamation unlawfully overrides the Immigration and Nationality Act and makes it too expensive for companies to hire foreign workers.
Following Howell’s decision, the Chamber signaled it is not backing down. “We are disappointed in the court’s decision and are considering further legal options,” said Daryl Joseffer, the Chamber’s executive vice president and chief counsel. He said the group wants the H-1B program to operate “as Congress intended,” allowing businesses to access global talent.
Democrat-led states have also jumped into the fight. Earlier this month, a coalition of roughly 20 Democratic attorneys general filed their own lawsuit in Massachusetts, claiming employers depend on the “highly skilled” workers provided through the H-1B program. That case remains pending.
The H-1B visa was created by Congress in 1990 to bring in “highly specialized” foreign labor. While technically a temporary visa, it often serves as a pathway to permanent residency. Each year, new H-1B visas are capped at 85,000 and distributed through a lottery system, making the program highly competitive and extremely popular with large employers.
For Trump and his supporters, the court’s decision is a clear endorsement of his America-first labor policies and a warning to corporations that the days of exploiting immigration loopholes at the expense of American workers are coming to an end.
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