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The U.S Court of Appeals for the District of Columbia Circuit agreed on Jan. 5, 2025, to fast-track the appeal of the recent federal court ruling upholding the Trump Administration's imposition of a $100,000 fee on certain H-1B visa petitions.
On Dec. 24, 2025, the U.S. District Court for the District of Columbia upheld the legality of the $100,000 H-1B visa fee requirement. The requirement was introduced through Presidential Proclamation on Sept. 19, 2025. The lower court concluded that the Trump Administration's imposition of the fee falls within the broad authority Congress delegated to the executive branch and the president to restrict the entry of noncitizens into the United States.
The plaintiffs, U.S. Chamber of Commerce and the Association of American Universities, appealed the lower court's decision and requested the process be expedited in light of the upcoming annual H-1B registration and lottery in March, a once-per-year opportunity for U.S. employers to register for H-1B sponsorship. In agreeing to fast-track the case, Court of Appeals set an expedited schedule under which appellants must file their appellate brief by Jan. 9, 2026, and the Trump Administration must respond by Jan. 30, 2026, with oral arguments expected in Feb. 2026.
Meanwhile, the Department of Homeland Security announced a final rule on Dec. 29, 2025, that it will apply a new "Weighted Selection Process" for the FY 2027 H-1B visa registration and lottery.
Jackson Lewis attorneys will continue to monitor the lawsuit and provide timely updates.
Please reach out to your Jackson Lewis attorney with any questions regarding the impact of the $100,000 fee or the upcoming changes to the H-1B cap lottery process. Our attorneys are available to advise and strategize on these developments.
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