In a ruling that left corporate lobbyists stunned and American workers cheering, a federal judge appointed by Barack Obama handed President Donald Trump a decisive victory in his battle to rein in the flood of cheap foreign labor entering the U.S. through the H-1B visa program.
U.S. District Judge Beryl Howell upheld President Trump’s authority to impose a $100,000 fee on new H-1B visa applications, confirming that the administration acted squarely within the powers granted by Congress under immigration law. The decision deals a serious blow to a visa pipeline beloved by big business and long criticized for undercutting American workers—especially in the tech sector.
In her 56-page ruling, Judge Howell made it clear that the law is not complicated, even if some wish it were. The president, she wrote, has broad authority to regulate who enters the United States, whether immigrant or nonimmigrant. In other words, this wasn’t executive overreach—it was executive responsibility.
President Trump signed the proclamation in September, requiring the six-figure fee for new H-1B applications as part of his broader promise to put American workers first. The White House framed the move as a way to ensure companies only import truly exceptional foreign talent, instead of using the visa program to drive down wages and replace U.S. employees. A radical concept in Washington: protect your own workforce.
The fee does not apply to current H-1B holders or applications submitted before September 21, undercutting claims that the policy is reckless or sudden. White House spokeswoman Taylor Rogers previously summed it up plainly, saying the policy discourages companies from gaming the system while giving certainty to employers who genuinely need top-tier talent from abroad.
Naturally, the U.S. Chamber of Commerce wasn’t pleased. The powerful business lobby sued in October, arguing the policy makes it “cost-prohibitive” to rely on foreign labor—an objection that, to many Americans, sounds a lot like the point. After the ruling, the Chamber signaled it may continue fighting, unwilling to give up easy access to cheaper labor without a legal brawl.
Democrat-led states also jumped into the fray earlier this month, filing their own lawsuit in Massachusetts and claiming employers desperately need the “highly skilled” labor supplied by the H-1B system. That challenge is backed by roughly 20 Democrat attorneys general and is still working its way through the courts.
The H-1B program, created by Congress in 1990, was originally intended for “highly specialized” workers. Over time, it has ballooned into a heavily exploited system capped at 85,000 new visas per year and distributed by lottery—hardly a merit-based process. While technically temporary, H-1B visas often lead to permanent residency, allowing recipients to remain in the U.S. indefinitely.
This ruling reinforces what President Trump has argued all along: immigration policy should serve the national interest, not corporate convenience. With the courts backing his authority, Trump’s push to protect American jobs just gained serious momentum—and that’s a win for workers, wages, and common sense.
