The U.S. Court of Appeals for the D.C. Circuit agreed Monday to an expedited schedule in the U.S. Chamber of Commerce’s lawsuit contesting the Trump administration’s unprecedented US$100,000 fee on new H-1B petitions. Opening briefs are due 19 January, oral argument is set for mid-February—barely two weeks before the FY 2027 cap registration period is expected to open.
The fee, imposed by executive order in September 2025, replaced a patchwork of US$2,000–5,000 anti-fraud surcharges with a flat six-figure charge payable at filing. Tech, biotech and research employers say the cost will price them out of the lottery and force high-skill roles offshore; DHS counters that the fee offsets screening costs and discourages abuse.
For employers looking to stay ahead of these sudden shifts, VisaHQ offers end-to-end support with U.S. visa applications, from up-to-date fee guidance to document preparation and submission. Their platform (https://www.visahq.com/united-states/) streamlines the process, giving HR teams and foreign talent a reliable resource while the legal and regulatory landscape continues to evolve.
![Appeals court fast-tracks challenge to Trump’s US$100,000 H-1B filing fee]()
A D.C. federal judge upheld the surcharge on Christmas Eve, citing broad presidential authority under INA §212(f). The Chamber appealed the same day and asked for an accelerated timeline, arguing that without relief before March, “employers’ only window to hire global talent in 2026 will slam shut.” The government did not oppose expedition.
Separately, DHS published a final rule on 3 January that will abandon the random H-1B lottery in favour of a wage-level ranking system starting 27 February. Together, the fee and selection-rule overhaul could raise the average cost per new H-1B to about US$136,000, according to analysis by the National Foundation for American Policy.
Companies planning to sponsor H-1B workers should budget conservatively, prepare alternative talent pathways (e.g., near-shore work-from-anywhere models or Canada’s new Digital Nomad Permit) and monitor the appellate docket; a stay of the fee could issue with little notice.
The fee, imposed by executive order in September 2025, replaced a patchwork of US$2,000–5,000 anti-fraud surcharges with a flat six-figure charge payable at filing. Tech, biotech and research employers say the cost will price them out of the lottery and force high-skill roles offshore; DHS counters that the fee offsets screening costs and discourages abuse.
For employers looking to stay ahead of these sudden shifts, VisaHQ offers end-to-end support with U.S. visa applications, from up-to-date fee guidance to document preparation and submission. Their platform (https://www.visahq.com/united-states/) streamlines the process, giving HR teams and foreign talent a reliable resource while the legal and regulatory landscape continues to evolve.
A D.C. federal judge upheld the surcharge on Christmas Eve, citing broad presidential authority under INA §212(f). The Chamber appealed the same day and asked for an accelerated timeline, arguing that without relief before March, “employers’ only window to hire global talent in 2026 will slam shut.” The government did not oppose expedition.
Separately, DHS published a final rule on 3 January that will abandon the random H-1B lottery in favour of a wage-level ranking system starting 27 February. Together, the fee and selection-rule overhaul could raise the average cost per new H-1B to about US$136,000, according to analysis by the National Foundation for American Policy.
Companies planning to sponsor H-1B workers should budget conservatively, prepare alternative talent pathways (e.g., near-shore work-from-anywhere models or Canada’s new Digital Nomad Permit) and monitor the appellate docket; a stay of the fee could issue with little notice.
