Legislate Visa Fee Limits to Prevent Executive Overreach

The Constitution gives Congress the power to tax.

A letter to your members of Congress. Facts checked October 15, 2026.

The Letter

Subject Legislate Visa Fee Limits to Prevent Executive Overreach

A federal judge in Boston ruled the $100,000 H-1B visa fee unlawful. The fee was a tax that Congress never authorized. A second judge in Washington, D.C. upheld the same fee. Both rulings are now on appeal.

The fee increased the cost of hiring a skilled worker from $2,000-$5,000 to $100,000. Rural hospitals could not recruit specialists. School districts could not hire teachers. Universities could not fill research positions. Seventy percent of H-1B petitions approved in fiscal 2025 were for workers born in India.

The Constitution gives Congress the power to tax. The president used a proclamation to impose what the court called a tax "regardless of what the payment is called." Without legislation, a future administration can do this again.

Pass legislation requiring that visa fees cover processing costs and cannot function as revenue tools. Clarify that the executive branch cannot impose fees that exceed the cost of the service provided.

Send Your Letter

Resistbot

Copy the letter above and fax, email, or mail it to your state or federal representatives.

Text RESIST to 50409 to get started

Send via Resistbot

Democracy.io

Copy the letter above and email it to your House and Senate members.

Free tool from the Electronic Frontier Foundation. Federal officials only.

Send via Democracy.io

Call Your Representative

U.S. Capitol switchboard: (202) 224-3121

I'm calling about the $100,000 H-1B visa fee that a federal judge struck down as an unlawful tax.
The fee raised visa costs from $2,000-$5,000 to $100,000. Rural hospitals, school districts, and universities said they could not recruit workers at that price.
A judge in Boston struck it down. A judge in D.C. upheld it. Both rulings are on appeal.
Congress should legislate visa fee limits so the executive branch cannot impose taxes by proclamation. Please support legislation requiring fees to cover processing costs only.

Calls get logged by topic. Volume drives the briefing.

The Facts Behind the Ask

$100,000 fee per H-1B petition, up from $2,000-$5,000. Struck down as unlawful tax. (source)
20 states attorneys general sued to block the fee, led by California (source)
70% of H-1B petitions approved in fiscal 2025 were for workers born in India (USCIS) (source)

See every letter you can send