Court Rules Trump’s $100,000 H-1B Visa Fee Increase Is Legal

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2025-12-25

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A U.S. federal judge issued a key ruling on the 23rd, upholding President Trump’s decision to raise the application fee for H-1B work visas to US$100,000. The cost for the U.S. technology sector to recruit foreign talent will face an extremely high barrier, with Silicon Valley bearing the brunt of the impact.

The H-1B visa is the primary channel through which Silicon Valley tech companies hire foreign professionals. The United States issues 85,000 H-1B visas each year through a lottery system, about three-quarters of which go to applicants from India. Taiwanese technology professionals also rely heavily on this visa to work in the U.S.

Trump argues that the H-1B system has been abused, allowing foreign workers willing to accept lower wages to replace American jobs. As a result, he imposed the hefty fee as part of a broader crackdown on immigration.

The ruling has triggered strong backlash from the U.S. business community. Opponents contend that affected foreign workers make enormous contributions to U.S. productivity and innovation. Tesla CEO Elon Musk has also warned against targeting the H-1B visa program, stating bluntly that the U.S. does not have enough domestic talent to fill critical technology positions.

At least two additional lawsuits challenging the US$100,000 visa fee are still ongoing, and whether the tech industry can reverse the situation remains uncertain.