At a two-hour hearing in Washington, D.C. on December 19, U.S. District Judge Beryl Howell poured cold water on arguments that President Trump exceeded his authority by slapping a $100,000 fee on each new H-1B petition. The U.S. Chamber of Commerce and Association of American Universities contend the fee—effective since October—will price out start-ups and research labs that depend on foreign specialists.
Judge Howell noted that Congress has granted presidents sweeping powers under INA §212(f) and §215(a) to “prescribe classes of aliens” whose entry is restricted. “Congress has handed that power with a red ribbon,” she quipped, suggesting the White House could have suspended H-1Bs altogether. Government counsel argued the fee is a lawful “restriction on entry,” not a domestic labor regulation.
If the court sides with the administration, employers face a quantum leap in H-1B costs—from roughly $5,000 to six figures—on top of higher attorney fees and new social-media disclosure requirements. Tech and biotech sectors that hire in bulk may shift more R&D offshore, dashing hopes of on-shoring talent under the CHIPS and Science Act incentives.
![Federal judge signals uphill battle for business challenge to $100k H-1B filing fee]()
Amid this volatility, VisaHQ can serve as a practical buffer. The firm’s online platform (https://www.visahq.com/united-states/) and advisory team track real-time policy changes, estimate total filing costs—including any new surcharges—and outline alternative visa pathways, allowing HR departments and individual researchers to pivot quickly while maintaining compliance.
Universities warn of a “brain drain” if post-docs cannot afford sponsorship. The AAU says some campuses have already frozen international hiring and re-allocated grant money. Plaintiffs have asked for a preliminary injunction, but Judge Howell gave no timetable for ruling; observers expect a decision early 2026.
Global mobility teams should model worst-case budgeting scenarios, explore O-1 or TN alternatives where available, and prepare executive briefs on potential project delays. Even if the fee is ultimately struck down, the window of uncertainty could last months.
Judge Howell noted that Congress has granted presidents sweeping powers under INA §212(f) and §215(a) to “prescribe classes of aliens” whose entry is restricted. “Congress has handed that power with a red ribbon,” she quipped, suggesting the White House could have suspended H-1Bs altogether. Government counsel argued the fee is a lawful “restriction on entry,” not a domestic labor regulation.
If the court sides with the administration, employers face a quantum leap in H-1B costs—from roughly $5,000 to six figures—on top of higher attorney fees and new social-media disclosure requirements. Tech and biotech sectors that hire in bulk may shift more R&D offshore, dashing hopes of on-shoring talent under the CHIPS and Science Act incentives.
Amid this volatility, VisaHQ can serve as a practical buffer. The firm’s online platform (https://www.visahq.com/united-states/) and advisory team track real-time policy changes, estimate total filing costs—including any new surcharges—and outline alternative visa pathways, allowing HR departments and individual researchers to pivot quickly while maintaining compliance.
Universities warn of a “brain drain” if post-docs cannot afford sponsorship. The AAU says some campuses have already frozen international hiring and re-allocated grant money. Plaintiffs have asked for a preliminary injunction, but Judge Howell gave no timetable for ruling; observers expect a decision early 2026.
Global mobility teams should model worst-case budgeting scenarios, explore O-1 or TN alternatives where available, and prepare executive briefs on potential project delays. Even if the fee is ultimately struck down, the window of uncertainty could last months.
