Abedini’s detention makes real the fears of many foreign and American academics who are rethinking or boycotting travel to academic conferences in the U.S.
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Immigration and Customs Enforcement agents detained a University of Oklahoma professor Saturday while he was on his way to a conference.
Vahid Abedini, a professor of Iranian Studies, was stopped and detained while he was boarding his flight to attend the Middle East Studies Association conference in Washington, D.C. He was released Monday night, according to a LinkedIn post.
“I’m relieved to share that I was released from custody tonight. It was a deeply distressing experience, especially seeing those without the support I had,” Abedini wrote on LinkedIn early Tuesday morning. “My sincere thanks to my friends and colleagues at the University of Oklahoma, the Middle East Studies Association, and the wider Iran studies and political science community for helping resolve this.”
Abedini did not respond to Inside Higher Ed’s request for comment. According to Joshua Landis, Abedini’s colleague and co-director of the Center for Middle East Studies at the University of Oklahoma, Abedini has an H-1B visa.
“ICE arrested our beloved professor Vahid Abedini,” Landis wrote on X Monday. “He has been wrongfully detained because he has a valid H-1B visa—a non-immigrant work visa granted to individuals in ‘specialty occupations,’ including higher education faculty. We are praying for his swift release.”
Reached for comment, a Department of Homeland Security spokesperson told Inside Higher Ed: “This Iranian national was detained for standard questioning. He’s been released.”
Abedini’s detention makes real the fears of many foreign and American academics who are rethinking or boycotting travel to academic conferences in the U.S. due to concerns about wrongful arrests by immigration enforcement.
In a statement, the MESA Board of Directors said they were “disturbed” to learn of Abedini’s detention and “deeply concerned” about the circumstances. The University of Oklahoma declined to comment on the situation.
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President Donald Trump caught the higher education world by surprise on Sept. 19, when he signed a proclamation announcing a new $100,000 fee for H-1B visas. Before the new policy, employers paid between $2,000 and $5,000 for new H-1B petitions, according to the American Immigration Council.
Colleges, especially large research universities, rely on H-1B visas to recruit foreign faculty, scholars and researchers. Stanford University, the University of Michigan and Columbia University all employed over 200 workers through H-1B visas in fiscal 2025.
The new fee could impede colleges’ ability to recruit those workers — potentially curtailing research, slowing scientific innovation and even leading to reduced course offerings for students, according to higher education experts.
“There’s no doubt that it will deter global talent that is not in the U.S.,” Miriam Feldblum, president and CEO of the Presidents’ Alliance on Higher Education and Immigration. “We lose the benefit of their skills, expertise and talent. It is not only a loss for them, it is just clearly a loss for campuses and other employers.”
Higher education and legal experts are still trying to understand some elements of the new policy, such as if colleges and other employers can secure exemptions to the $100,000 fee for workers they’d like to sponsor. However, they shared insights about who the policy impacts, what could change in the future and how colleges can navigate this moment.
Which workers are impacted by the $100,000 fee?
When the Trump administration first rolled out the policy, confusion abounded about which types of workers would trigger the fee. That’s in part because U.S. Commerce Secretary Howard Lutnick initially said the fee would be paid annually, according to Reuters.
But a day after the policy’s rollout, White House Press Secretary Karoline Leavitt walked back Lutnick’s remarks and said on social media that it would be a one-time free for new petitions only. Since then, the Trump administration has provided guidance further narrowing the policy’s impact.
U.S. Citizenship and Immigration and Services said in October that the fee would not apply to someone already in the U.S. that is requesting a change of status. According to Joshua Wildes, associate attorney at immigration law firm Wildes & Weinberg, that means that students on F-1 and J-1 visas may not be subject to the fee if they are in the U.S. and are seeking to switch to H-1B status.
However, they would have to stay within the U.S. until they secure H-1B status to avoid incurring the fee.
“They’re going to have to decide whether or not they are willing to stay put in the U.S.,” Wildes said. That could include forgoing traveling to see their families or taking vacation outside of the country, Wildes said.
Those who already have H-1B visas, however, can travel outside the U.S. and return without triggering the fee.
Even with the latest guidance, colleges are still reeling from the new policy, as it still applies to new petitions for workers who are outside of the U.S.
No institution wants to pay the fee, “regardless of how small or big you are,” Wildes said. “The smaller ones that don’t have the funds, they simply cannot afford it. The bigger ones that do have the funds, they don’t want to do it because it’s a lot of money.”
The guidance said the U.S. secretary for the Department of Homeland Security could grant exemptions to the fee for certain workers, though it added they will be “extraordinarily rare.”
To qualify, the secretary would have to determine a worker “is in the national interest,” doesn’t pose a security risk to the U.S. and that no American citizen is able to perform the role they would be brought in to fill. The secretary would also have to determine if requiring the new H-1B fee from the sponsoring employer would “significantly undermine” the nation’s interest.
USCIS on Thursday referred Higher Ed Dive to the proclamation and existing guidance when asked for details about which workers would qualify for these exceptions. It added that those requests are handled by DHS and not USCIS.
Will the $100,000 fee stay in place for the higher education sector?
Nearly three dozen higher education organizations, led by the American Council on Education, urged DHS Secretary Kristi Noem in an Oct. 23 letter to carve out a sectorwide exemption to the $100,000 fee for colleges and universities.
In the letter, ACE President Ted Mitchell argued that the H-1B workers do work “crucial to the U.S. economy and national security.” He pointed to their work contributing to research, providing medical care and educating the nation’s students.
“We know that the Trump administration does consider high-skilled immigration to be very important,” said Sarah Spreitzer, ACE’s vice president and chief of staff for government relations. “We are hiring high-skilled faculty, staff and researchers.”
Neither DHS nor the White House answered whether Noem would grant a sectorwide exemption to the fee for colleges and universities.
A White House official contended that foreign workers undercut wages in academia and that the change protects Americans seeking careers in the field.
Even if the sector can’t win a standing exception, the policy could be disrupted by two recent legal challenges.
The first was filed in early October by groups representing the healthcare, K-12, religious and higher education sectors, including the American Association of University Professors. They warned that the new policy could lead to “catastrophic setbacks” to U.S. research and urged a federal judge to declare the $100,000 fee unlawful.
Later that month, the U.S. Chamber of Commerce likewise sued over the policy, arguing it was a “plainful unlawful” expansion of executive authority. The Chamber asked an appeals court to block the fee and vacate any agency actions taken so far to implement it.
What can colleges do now?
Spreitzer noted that the new policy is yet another challenge for colleges attempting to respond to shifting federal policies and predicted the higher education sector’s overall hiring will fall.
“I think that this is just going to be one piece of it,” Spreitzer said.
But higher education and legal experts noted that colleges can take several steps to navigate the new $100,000 fee.
For one, colleges should be proactive if they plan to about seeking exemptions for individuals they want’d like to sponsor for H-1B visas. “Universities need to plan ahead to make those arguments to show that the people that they want to hire are eligible for that exception,” Wildes said.
Legal expertise is required to make those arguments, Wildes added.
“You might only get one bite at the apple,” Wildes said. “Putting together an argument that a foreign worker’s presence in the U.S. is deemed in the national interest is difficult.” Wildes added that colleges need to “give themselves time” to work on those arguments.
Some colleges are also looking at alternatives to the H-1B visa program such as the O visa, which Spreitzer noted is often referred to as the “Einstein visa.”
The O-1A visa is reserved for those with “an extraordinary ability in the sciences, education, business, or athletics,” while the O-1B is reserved for those “with an extraordinary ability in the arts” or achievement in the film industry, according to USCISC. Although the O visa is another pathway to bring a worker to the U.S., it has limitations.
“That’s a visa that’s granted for someone that has unique skills that are recognized on a global stage, and they usually have a very high bar to demonstrate that,” Spreitzer said. “You’re not going to be able to hire an early career faculty or researcher under an O visa.”
Meanwhile, Feldblum recommended that colleges engage with their policymakers both at the local and federal level and educate them about the “adverse impact” the fee has on the sector.
“Because if the goal is to spur American economic growth and to support American workers, this doesn’t do it,” Feldblum said.
Florida governor Ron DeSantis on Wednesday ordered the state’s public universities “to pull the plug on the use of these H-1B visas in our universities.” In doing so, the Republican appeared to call for his state to go further than President Trump in restricting entry of these foreign employees—an issue that has divided prominent conservatives.
Since fiscal year 2022, Florida public universities have employed nearly 2,000 people via the H-1B program—nearly half at the University of Florida. The program is capped at 85,000 new visas a year, but colleges, universities and some other organizations aren’t subject to that cap. In the first three quarters of 2025, nearly 16,800 visas were approved for employees at colleges and universities; 395 of the visas were for jobs at Florida’s public universities. Universities use the program to hire faculty, doctors and researchers and argue it’s required to meet needs in health care, engineering and other areas.
Last month, Trump announced a $100,000 application fee for H-1B visas. U.S. Citizenship and Immigration Services says the fee will apply to new H-1B petitions filed on or after Sept. 21 and must be paid before the petition is filed. It said there could be exceptions from the fee in an “extraordinarily rare circumstance” in which the Homeland Security secretary determines a foreigner’s presence in the U.S. “is in the national interest.”
Lawsuits have been filed over the fee, and higher ed associations and institutions have spoken out in opposition. The Trump administration says employers are abusing the program to avoid hiring Americans.
In a speech at the University of South Florida on Wednesday, DeSantis called on the state board governing public universities to “pull the plug” on H-1B visa employees. He didn’t mention any exceptions.
If this the ban happens, it would be another example of a red state going further than the Republican-controlled federal government in restricting public higher ed institutions. In states such as Texas and Ohio, GOP politicians have exceeded Trump in regulating curricula and restricting faculty rights. Before Trump retook office, DeSantis put Florida on the leading edge of the conservative overhaul of higher ed, from cracking down on what he called “woke” education to putting allies in charge of universities—a playbook other states have followed.
It’s unclear, however, whether the Florida Board of Governors, which oversees the state’s public universities but not it’s public colleges, will follow DeSantis’s directive. Fourteen of the board’s 17 members are appointed by the governor and confirmed by the state Senate.
It’s also unclear what his directive specifically means; a news release the governor’s office issued Wednesday didn’t, unlike his speech, go as far as suggesting an end to all H-1B visa employees at public universities.
But neither the State University System of Florida nor the governor’s office provided more details in response to Inside Higher Ed’s questions about DeSantis’s intent. A news release from the governor’s office said DeSantis directed the board to “crack down on H-1B Visa abuse in higher education” but didn’t repeat the governor’s apparent call to end H-1B employment completely.
University of Florida interim president Donald Landry spoke at the press conference after DeSantis and mentioned his institution was called out.
“It’s a complex issue, and we can chat,” Landry said, to laughs from the audience. He did list one benefit, saying H-1Bs are mainly used at UF to hire new faculty from the international student population.
“Occasionally, some bright light might be good enough for the faculty, and then we will try and retain the person into whom we have invested so much,” he said.
UF is conducting its own review of the H-1B program, he added. “We know that H-1B is not handled in a pristine fashion, even in academia,” he said.
Robert Cassanello, president of the United Faculty of Florida union and a tenured associate history professor at the University of Central Florida, suggested that banning H-1B visa holders would be illegal.
“You can’t discriminate against someone based on foreign birth,” Cassanello said. “My big question coming away from this is: Where’s the authority?”
‘Do It’ With Florida Residents
In his speech, DeSantis started his criticism of the H-1B program from a national perspective. He said, “Tech companies will fire Americans and hire H-1B at a discount, and they’re basically indentured servants … They’re indentured to the company, so the company can basically pay them low.”
He then turned to Florida universities, appearing to read from a list of positions occupied by H-1B holders at unnamed institutions. (His office didn’t provide the list Wednesday.)
After mentioning a public policy professor from China, DeSantis said, “Why do we need to bring someone from China to talk about public policy?” Later—apparently looking at information on another H-1B holder—he exclaimed, “Wuhan, China!”
Although DeSantis’s complaints focused on supposed international scholars from China, he didn’t spare those from other countries.
“Assistant swim coach from Spain, on an H-1B visa—are you kidding me, we can’t produce an assistant swim coach in this country?” he said. He then turned to the Middle East.
“Clinical assistant professor from the West Bank, clinical assistant professor from supposed Palestine,” he said. “Is that just social justice that they’re doing? And that’s University of Florida.”
“We need to make sure our citizens here in Florida are first in line for job opportunities,” DeSantis said. But he also suggested he doesn’t fully know why universities are hiring H-1B workers.
“I guess there’s probably reasons why it ends up being this way,” DeSantis said. “But I think it’s a poor reflection on some of the decisions that some of these universities have made that they’re trying to say they need an H-1B visa to do some of these jobs … We can do it with our residents in Florida, or with Americans, and if we can’t do it then—man—we need to really look deeply about what is going on.”
Sarah Spreitzer, vice president and chief of staff for government relations at the American Council on Education, said DeSantis’s move would limit universities’ ability to hire the best researchers.
“It’s going to have an enormous impact, obviously, on Florida institutions,” Spreitzer said.
Cassanello, who said his union includes some H-1B holders, called DeSantis’s speech a “xenophobic and nativist diatribe.”
“He’s a nativist, he’s anti-immigrant and so he’s coming to these decisions based on no facts,” Cassanello said. He also said DeSantis opposed diversity, equity and inclusion programs by arguing they were anti-meritocratic, but now, “all of a sudden, he’s willing to throw out meritocracy.”
“He’s using fear of people of color and fear of immigrants to sort of impose his will on the running of our public colleges and universities,” Cassanello said. He said the speech represents “a further attack from DeSantis and our state political leaders on the autonomy of our public colleges and universities.”
Nearly three dozen higher education organizations are urging U.S. Homeland Security Secretary Kristi Noem to exempt colleges from the new $100,000 fee for H-1B visa petitions, arguing in an Oct. 23 letter that these employees do work “crucial to the U.S. economy.”
President Donald Trump caught the higher education sector by surprise when he announced the large fee last month. Large research universities heavily rely on the H-1B visa program to hire international scholars.
Ted Mitchell, president of the American Council on Education, said in the Thursday letter that colleges’ H-1B workers educate domestic students for “high-demand occupations, conduct essential research, provide critical patient care, and support the core infrastructure of our universities.”
Dive Insight:
Trump shocked the higher ed world sector on Sept. 19 when he declared that new petitions for H-1B visas must come with a $100,000 payment to be processed. Yet colleges were left unsure which of their workers would be impacted amid scant details on the new policy and mixed messages from administration officials. The federal government is facing at least two lawsuits over the fee.
In the days and weeks since the fee was announced, the Trump administration has released additional information about the new policy. Just last week, U.S. Citizenship and Immigration Services released guidance that said the new fee wouldn’t apply to visa holders inside the country who are requesting a change of status or extension of stay — potentially exempting international students who recently graduated and have H1-B sponsorship.
Mitchell’s letter asked Noem to confirm that the new USCIS guidance includes those on F-1 or J-1 visas — both of which cover international students — converting to H-1B status. He also asked if the government would return the $100,000 fee if a petition is denied and how USCIS would process H-1B applications in a timely manner given the new requirements.
The letter points out that the proclamation included language that allows DHS to issue exemptions for workers if government officials deem hiring them is in the nation’s interest and doesn’t pose a security risk.
“The continuing education of our postsecondary students is in the national interest of the United States,” Mitchell wrote.
He cited recent CUPA-HR data showing that 7 in 10 faculty on H-1B visas in the U.S. are in tenured or tenure-track positions, with the largest shares in business, engineering and health disciplines.
Mitchell contended that exempting colleges from the new fee would be similar to the higher education sector’s current exemption from the cap on H-1B visas, which are awarded via a lottery process. The cap limits annual H-1B visa awards to 65,000 workers, with an additional 20,000 for international students who finished U.S. graduate programs.
Congress exempted higher education from the cap in recognition “of the special role that institutions of higher education play in hiring H-1Bs on our campuses,” Mitchell wrote.
ACE also took issue with a recent proposal that would change how the lottery system works. Under the new proposal from USCIS, visas for higher-wage applicants would be given more priority.
Mitchell urged USCIS to withdraw the rule in a public comment submitted Friday on behalf of ACE and 19 other higher education groups. He argued the change would harm international enrollment, as foreign students entering the workforce after completing their degrees at U.S. institutions would have much lower access to the H-1B visa program.
“A central reason for the excellence of our postsecondary institutions is their ability to attract and enroll talented, motivated, and curious students, whether born in this country or abroad,” Mitchell wrote. “This proposed rule will limit the ability of our institutions to recruit and retain these students, especially those that wish to remain in the United States.”
In a letter to Secretary of Homeland Security Kristi Noem, higher ed institutions say maintaining a consistent flow of international faculty and staff members is critical.
Jabin Botsford/The Washington Post/Getty Images
A number of higher education institutions and the associations that represent them are asking to be exempted from the new $100,000 H-1B visa application fee, saying the prohibitive cost could be detrimental to the recruitment and retention of international faculty, researchers and staff members.
In a letter to the Department of Homeland Security last week, the American Council on Education argued that such individuals “contribute to groundbreaking research, provide medical services to underserved and vulnerable populations … and enable language study, all of which are vital to U.S. national interests.” Without them, ACE and 31 co-signers said, key jobs in high-demand sectors such as health care, information technology, education and finance will likely go unfilled.
The letter came just days after U.S. Citizenship and Immigration Services launched a new online payment website and provided an updated statement on policies surrounding the fee. UCIS clarified that the fee will apply to any new H-1B petitions filed on or after Sept. 21, and it must be paid before the petition is filed.
The update also referenced possible “exception[s] from the fee” but said those exceptions would only be granted in an “extraordinarily rare circumstance where the Secretary has determined that a particular alien worker’s presence in the United States as an H-1B worker is in the national interest.”
ACE said that H-1B visa recipients in higher education certainly meet those standards, citing data from the College and University Professional Association for Human Resources that shows that over 70 percent of international employees at colleges and universities hold tenure-track or tenured positions. The top five disciplines they work in are business, engineering, health professions, computer science and physical sciences.
“H-1B visa holders working for institutions of higher education are doing work that is crucial to the U.S. economy and national security,” the letter reads.
Despite the clarification provided by UCIS, ACE still had several remaining questions about the fee. These included whether the $100,000 would be refunded if a petition was denied and whether individuals seeking a “change of status” from an H-1B to an F-1 or J-1 would still be required to pay the fee.
At least two lawsuits have been filed against DHS concerning these visa fees. Neither has been issued a ruling so far.
The U.S. Treasury Department launched an online payment website for employers to pay President Donald Trump’s $100,000 fee on new H-1B visa petitions, according to an update last week from the U.S. Citizenship and Immigration Services.
USCIS said the fee applies to new H-1B petitions filed on or after Sept. 21 on behalf of beneficiaries who are outside the U.S. and do not have a valid H-1B visa, or whose petitions request consular notification, port of entry notification or pre-flight inspection. Payment must be made prior to filing a petition with USCIS, per the agency.
Separately, USCIS’ update clarified that the fee requirement does not apply to petitions requesting an amendment, change of status or extension of stay for noncitizens who are inside the U.S., if that request is granted by USCIS. If it is not granted, then the fee applies.
Dive Insight:
Trump’s proclamation announcing the H-1B fee left employers with plenty of unanswered questions. While Monday’s update provides some clarity, the policy’s future is still uncertain in part because business groups, employers, unions, lawmakers and other stakeholders oppose it.
At least two lawsuits have been filed seeking to enjoin the fee proclamation — one by the U.S. Chamber of Commerce in Washington, D.C., and another by a group of plaintiffs in California. Both similarly alleged that the H-1B fee violates the constitutional separation of powers as well as the Administrative Procedure Act. The complaints also warned of negative effects on U.S. employers that depend on the H-1B program to attract skilled foreign workers.
In a letter to Trump and Secretary of Commerce Howard Lutnick, a bipartisan group of congressional lawmakers agreed to the need for reform of the H-1B program while expressing concerns about the potential effects of the fee on U.S. employers’ ability to compete with their global counterparts for talent.
“The recently announced H-1B visa changes will undermine the efforts of the very catalysts of our innovation economy — startups and small technology firms — that cannot absorb costs at the same level as larger firms,” the lawmakers wrote.
Trump and the White House have said the fee is necessary to combat “systemic abuse” of the H-1B program by employers that seek to artificially suppress wages at the cost of reduced job opportunities for U.S. citizens. In addition to the fee imposed on new visa petitions, the administration issued a proposed rule to change its selection process for H-1B visas to be weighted in favor of higher-paying offers.
USCIS’ guidance noted that the Secretary of Homeland Security may grant other exceptions to the H-1B fee in “extraordinarily rare” circumstances where:
A beneficiary’s presence is in the national interest.
No American worker is available to fill the role.
The beneficiary does not pose a threat to U.S. security or welfare.
Requiring payment from the employer would significantly undermine U.S. interests.
The agency provided an email address to which employers could send requests for fee exemption along with supporting evidence.
Employers planning to file for new H-1B visas should plan to pay the fee unless litigation results in some kind of change, Akshat Divatia, attorney at law firm Harris Sliwoski, wrote in an article Tuesday. Divatia noted that some of the criteria for exemptions outlined by USCIS may conflict with congressional design of the H-1B program, and that employers “should watch closely how the courts respond” to such arguments.
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Dive Brief:
The U.S. Treasury Department launched an online payment website for employers to pay President Donald Trump’s $100,000 fee on new H-1B visa petitions, according to an update Monday from the U.S. Citizenship and Immigration Services.
USCIS said the fee applies to new H-1B petitions filed on or after Sept. 21 on behalf of beneficiaries who are outside the U.S. and do not have a valid H-1B visa, or whose petitions request consular notification, port of entry notification or pre-flight inspection. Payment must be made prior to filing a petition with USCIS, per the agency.
Separately, USCIS’ update clarified that the fee requirement does not apply to petitions requesting an amendment, change of status or extension of stay for noncitizens who are inside the U.S., if that request is granted by USCIS. If it is not granted, then the fee applies.
Dive Insight:
Trump’s proclamation announcing the H-1B fee left employers with plenty of unanswered questions. While Monday’s update provides some clarity, the policy’s future is still uncertain in part because business groups, employers, unions, lawmakers and other stakeholders oppose it.
At least two lawsuits have been filed seeking to enjoin the fee proclamation — one by the U.S. Chamber of Commerce in Washington, D.C., and another by a group of plaintiffs in California. Both similarly alleged that the H-1B fee violates the constitutional separation of powers as well as the Administrative Procedure Act. The complaints also warned of negative effects on U.S. employers that depend on the H-1B program to attract skilled foreign workers.
In a letter to Trump and Secretary of Commerce Howard Lutnick, a bipartisan group of congressional lawmakers agreed to the need for reform of the H-1B program while expressing concerns about the potential effects of the fee on U.S. employers’ ability to compete with their global counterparts for talent.
“The recently announced H-1B visa changes will undermine the efforts of the very catalysts of our innovation economy — startups and small technology firms — that cannot absorb costs at the same level as larger firms,” the lawmakers wrote.
Trump and the White House have said the fee is necessary to combat “systemic abuse” of the H-1B program by employers that seek to artificially suppress wages at the cost of reduced job opportunities for U.S. citizens. In addition to the fee imposed on new visa petitions, the administration issued a proposed rule to change its selection process for H-1B visas to be weighted in favor of higher-paying offers.
USCIS’ guidance noted that the Secretary of Homeland Security may grant other exceptions to the H-1B fee in “extraordinarily rare” circumstances where:
A beneficiary’s presence is in the national interest.
No American worker is available to fill the role.
The beneficiary does not pose a threat to U.S. security or welfare.
Requiring payment from the employer would significantly undermine U.S. interests.
The agency provided an email address to which employers could send requests for fee exemption along with supporting evidence.
Employers planning to file for new H-1B visas should plan to pay the fee unless litigation results in some kind of change, Akshat Divatia, attorney at law firm Harris Sliwoski, wrote in an article Tuesday. Divatia noted that some of the criteria for exemptions outlined by USCIS may conflict with congressional design of the H-1B program, and that employers “should watch closely how the courts respond” to such arguments.
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Dive Brief:
President Donald Trump’s proclamation placing a $100,000 fee on new H-1B visas is a “plainly unlawful” expansion of executive authority that violates the Administrative Procedure Act and federal immigration laws, the U.S. Chamber of Commerce alleged in a lawsuit Thursday.
Chamber of Commerce v. U.S. Dept. of Homeland Security, et. al. is at least the second such lawsuit against the fee proclamation, following a separate filing earlier this month by plaintiffs in California. The Chamber claimed the fee would “inflict significant harm on American businesses” and render the H-1B program economically unviable for many.
The Chamber asked the U.S. District Court of Appeals for the District of Columbia to enjoin the fee requirement and vacate any agency actions taken to implement it. A White House spokesperson did not respond to a request for comment.
Dive Insight:
The lawsuit is an immediate follow-up to the Chamber’s statement last month calling on the Trump administration to withdraw its fee proclamation. In that statement, the organization said Trump’s move could impede economic growth as well as domestic job creation by incentivizing employers to move some business functions overseas.
A Chamber press release Thursday reiterated those concerns. Neil Bradley, the organization’s executive vice president and chief policy officer, credited the administration with “securing our nation’s border” while warning of the need for H-1B visas to support growth and attract global talent.
The fee caught employers by surprise when it was announced in September, particularly so for those in the technology sector, where H-1B visas are routinely sought to staff highly-skilled positions in mathematics, computer science and similar fields. But the fee’s effects could be felt in other fields, including higher and K-12 education, plaintiffs in the California lawsuit alleged.
New guidance from U.S. Citizenship and Immigration Services issued Monday appeared to give the higher education sector some relief, however. It said that the new fee wouldn’t apply to those who are inside the U.S. and “requesting an amendment, change of status, or extension of stay.” That means international students who recently graduated and have H-1B sponsorship wouldn’t be subject to it, Bloomberg Law reported.
Trump has touted the fee — which applies prospectively only to H-1B visa petitions filed on or after Sept. 21, 2025, — as a necessary measure to combat “systemic abuse” of the program by employers in an effort to artificially suppress wages while reducing job opportunities for U.S. citizens.
The Chamber directly addressed this point in its lawsuit, conceding that while abuse of the H-1B program is a serious issue, Congress considered this problem when creating the program and authorized the executive to take certain measures to prevent and remediate such abuse.
For example, the Chamber noted that Congress twice imposed a temporary $4,000 surcharge fee on certain employers with a high proportion of H-1B visa holders. It also implemented a regulatory framework, the Labor Condition Application, requiring employers seeking H-1B employees to certify that the positions offered to such candidates meet criteria outlined by Congress. The legislature gave the president the authority to enforce such requirements by issuing fines as well as bans on filing future H-1B petitions.
“What Congress did not authorize is disincentivizing the use of the program by imposing a fee many times the amount of fees set by Congress,” the Chamber said.
Separately, the organization echoed an argument used by the California plaintiffs in alleging that the fee is arbitrary and capricious and was not submitted to notice-and-comment rulemaking as required under the APA.
The lawsuits against the fee add to employers’ confusion in the aftermath of the proclamation. Sources previously told HR Dive that businesses have since been left to parse just how to pay the fee or how it will apply to visa petitioners who are already physically present in the U.S.
Editor’s note: Natalie Schwartz, senior editor at Higher Ed Dive, contributed to this story.
The plaintiffs, which include the American Association of University Professors, UAW International and UAW Local 481, allege in the lawsuit that numerous researchers and academics will lose their jobs as a result of their institutions not being able to afford the new fee. (An H-1B visa previously cost $2,000 to $5,000.) Universities, along with national labs and nonprofit research institutions, were also exempt from the annual cap on the number of new visas, and it’s unclear whether the new fee will apply to higher ed.
The New York Times reported that this lawsuit “appears to be the first major challenge to the new fee.”
The fee, the complaint states, “will result in significant and potentially catastrophic setbacks to research that benefits the American public and ensures the United States remains a leading source of innovation and expertise. For example, the fee will likely result in sharp cutbacks in the employment of highly talented foreign workers and severe setbacks for university research, graduate programs, and clinical care, compounding an anticipated shortfall of 5.3 million skilled workers over the next decade.”
The lawsuit highlights several specific examples of researchers whose work would be interrupted by this change, including an unnamed plaintiff who studies conditions and diseases that cause blindness.
“Her departure will set back the crucial research she is conducting, disrupting the lab’s ongoing work and ability to secure future research funding, preventing her department from getting any future funding through her, and potentially delaying the availability of treatment for the conditions that are the focus of her research,” it states.
The plaintiffs note in the lawsuit that the $100,000 fee “applies even where workers are already lawfully present in the United States under, for example, a student visa or another immigration status, and are seeking to change to H-1B status.”
They argue in part that the president does not have the statutory authority to increase the fee for H-1B visas. They are asking the judge to nullify the $100,000 fee and allow H-1B visas to be processed as they were previously.
The new $100,000 fee for H-1B visas could prove to be the final straw for Indian students’ plans to study in the U.S., with other destinations set to benefit as a result.
The move by the Trump administration—the latest in a long list of restrictions affecting international students—is set to impact Indians the most, given they account for more than 70 percent of H-1B recipients.
Many students enroll in courses with a view to progressing on to the visa, working in industries such as Silicon Valley.
“The sentiment among prospective … students is pretty dismal after this announcement,” said Sonya Singh, founder of SIEC, an education consultancy.
“The queries and applications for U.S. universities have seen a significant drop, and students are considering alternatives. Destinations such as the U.K., Germany and Australia are being explored, and Canada is proposing a dedicated work permit for current and potential U.S. H-1B holders. All these initiatives and policy changes are sure to bring about a massive shift in demand for the U.S. as a destination.”
Sagar Bahadur, executive director for Asia at international education consultancy Acumen, said the debate has created “a lot of talk, anxiety and perception-building” among prospective students.
He noted that students are increasingly deferring study plans, exploring alternative destinations or considering “transnational pathways” that allow them to start degrees elsewhere before moving to the U.S. if conditions improve.
With uncertain job prospects and shifting policies, she argued, parents may no longer be willing to pay high tuition fees.
“Countries like Germany, Canada, Australia, U.K., Singapore and Malaysia may gain traction due to stable policies, work opportunities and affordability,” Mittal said, highlighting Germany’s free or low-cost tuition and work allowances as a growing draw for Indian students.
She also warned of wider repercussions for international collaboration. “This decision may impact partnerships with U.S. institutions as Indian universities explore alternatives and strengthen ties with European, Canadian or Australian institutions. STEM and health-care sectors may be particularly affected due to high H-1B dependency.”
Early signs of a shift are already emerging. Narender Thakur of the University of Delhi noted declining interest in short U.S. master’s courses in computing and engineering, fields closely tied to H-1B pathways.
He suggested that students may increasingly consider other global destinations or branch campuses in India, while research partnerships with U.S. institutions could slow. Opportunities in entrepreneurship and remote work may also appeal to students deterred from U.S. employment.
Andrew Morran, head of politics and international relations at London Metropolitan University, said the policy would “particularly hit Indian students, who last year made up 71 percent of international student applications, according to U.S. government statistics.”
He described the move as part of a broader trend restricting access to U.S. universities and warned it could make study in the U.S. “even more the preserve of the elite and the wealthy” while undermining classroom diversity.
“It will also impact the student experience, as diversity is undermined and the shared experience of a global classroom is weakened further,” Morran said. Universities might seek students elsewhere, he added, but the hostile political climate and attacks on immigration could blunt recruitment.
“Talent gaps cannot be filled overnight. Meanwhile, the rest of the world will take every opportunity it has to steal these students,” he said.
