Lawsuits Pile Up Against the $100K Rule
The $100,000 price tag has ignited a wave of lawsuits from labor unions, universities, healthcare providers, and religious organizations. Plaintiffs argue that the proclamation is unconstitutional, placing unfair financial burdens on sectors already struggling with workforce shortages.
The U.S. Chamber of Commerce filed its own complaint last week, warning the fee could have a “devastating effect” on American innovation and competitiveness. The lawsuit highlights fears that U.S. firms could lose global talent to countries with more flexible immigration systems.
Limited Scope but Massive Impact
While the new USCIS guidance clarifies key boundaries, its implications remain broad. The rule does not affect previously approved or valid H-1B visas, nor petitions filed before Sept. 21. Current visa holders are still free to travel in and out of the United States.
Still, immigration experts warn that the policy introduces new bureaucratic barriers and financial risks for employers navigating the already complex H-1B system.
As legal challenges mount and businesses scramble to adapt, the $100K fee could become a defining flashpoint in America’s ongoing debate over immigration, labor, and global competitiveness—a costly battle where the stakes reach far beyond the borders of U.S. consulates.
