Appeals Court Fast-Tracks U.S. Chamber’s Challenge to Lower Court Decision on $100,000 H-1B Fee
A federal appeals court has agreed to fast-track a legal challenge to the Trump administration’s $100,000 fee on new H-1B visas, with a decision expected in February 2026, just weeks before the annual H-1B cap registration period is scheduled to begin in March.
What happened
On January 5, 2026, the U.S. Court of Appeals for the D.C. Circuit approved an expedited schedule for an appeal brought by business and research groups led by the U.S. Chamber of Commerce. The Chamber is seeking to overturn a December 24, 2025, district court decision that upheld the fee as within the president’s authority to regulate immigration. Our blog post analyzing the decision can be found here.
The Chamber argued that quick review is necessary because the H-1B registration period occurs only once a year and, without relief before March, many employers would effectively lose their chance to participate this cycle.
Why this matters
The $100,000 fee, imposed in September 2025. represents a dramatic increase over the usual H-1B filing-related fees, which typically range from $2,500 to $5,000. If the fee remains in effect, employers will face difficult choices with respect to hiring foreign nationals outside of the United States: significantly increase hiring costs or reduce the number of H-1B cap cases they file. Colleges and universities and business sectors, such nursing and healthcare, which rely on specialty workers from abroad may be particularly affected.
What’s next
With the case now on an accelerated timeline, the Chamber’s legal brief is due by January 9th and the government’s reply brief is due on January 30th. Oral argument is expected in February. A decision is anticipated shortly thereafter, providing employers with greater clarity before the March registration period about whether the fee will remain in effect or be paused through litigation.
MH takeaways
Meltzer Hellrung will continue to track the litigation and provide updates as information becomes available. Employers planning to sponsor cap-subject H-1B workers who may be subject to the $100,000 fee should contact their Meltzer Hellrung attorney to discuss appropriate strategies to mitigate this risk.
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