The U.S. Chamber of Commerce has filed a notice of appeal against a December 23 district-court decision that affirmed the legality of a US$100,000 fee on each H-1B cap petition. The steep surcharge, authorised under the One Big Beautiful Bill Act and implemented via presidential proclamation, is intended to discourage what the administration terms “wage-dumping” by employers.
The Chamber argues the fee exceeds executive authority and will cripple U.S. competitiveness, especially for tech, healthcare and engineering firms that rely on early-career foreign professionals. Legal analysts expect the case to reach the D.C. Circuit by mid-2026 and possibly the Supreme Court thereafter.
If the fee survives, a standard H-1B petition’s government cost would rise from US$1,070 to more than US$101,000—including existing fraud-prevention and training surcharges—effectively pricing small and mid-sized employers out of the program.
![U.S. Chamber of Commerce Appeals Federal Court Ruling Upholding US$100k H-1B Fee]()
For employers looking to navigate this evolving landscape, VisaHQ offers end-to-end assistance with U.S. work-visa options, helping companies evaluate alternatives and stay compliant with rapidly changing rules. Their platform and expert team can be accessed at https://www.visahq.com/united-states/.
Global-mobility leaders should model head-count scenarios without H-1Bs, exploring L-1 intracompany transfers, near-shore talent hubs or remote-first hiring. Companies that filed FY 2026 cap petitions before the proclamation remain unaffected, but the FY 2027 lottery—scheduled for March 2026 under a new weighted-selection rule—would be subject to the fee unless courts intervene.
The appeal also intensifies pressure on Congress, where bipartisan critics warn the surcharge could push investment offshore. Employers may wish to join amicus briefs or industry coalitions as the litigation progresses.
The Chamber argues the fee exceeds executive authority and will cripple U.S. competitiveness, especially for tech, healthcare and engineering firms that rely on early-career foreign professionals. Legal analysts expect the case to reach the D.C. Circuit by mid-2026 and possibly the Supreme Court thereafter.
If the fee survives, a standard H-1B petition’s government cost would rise from US$1,070 to more than US$101,000—including existing fraud-prevention and training surcharges—effectively pricing small and mid-sized employers out of the program.
For employers looking to navigate this evolving landscape, VisaHQ offers end-to-end assistance with U.S. work-visa options, helping companies evaluate alternatives and stay compliant with rapidly changing rules. Their platform and expert team can be accessed at https://www.visahq.com/united-states/.
Global-mobility leaders should model head-count scenarios without H-1Bs, exploring L-1 intracompany transfers, near-shore talent hubs or remote-first hiring. Companies that filed FY 2026 cap petitions before the proclamation remain unaffected, but the FY 2027 lottery—scheduled for March 2026 under a new weighted-selection rule—would be subject to the fee unless courts intervene.
The appeal also intensifies pressure on Congress, where bipartisan critics warn the surcharge could push investment offshore. Employers may wish to join amicus briefs or industry coalitions as the litigation progresses.
