Although President Trump’s controversial $100,000 H-1B filing fee technically took effect on September 21, the rule’s first practical tests arrive this week as employers prepare November cap-exempt petitions—and as the U.S. Chamber of Commerce launches a lawsuit to block the charge. The Chamber’s complaint, filed in D.C. federal court and highlighted in industry briefings on November 1 2025, argues that the fee violates the Immigration and Nationality Act’s cost-recovery framework and was imposed without proper notice-and-comment.
Under updated USCIS guidance, the $100,000 payment is required for most “new” H-1B petitions, including consular-notification cases for employees abroad. Cap-exempt employers such as universities must pay unless they can prove their work is in the national interest—an undefined standard causing widespread confusion. Late-October stakeholder calls revealed that USCIS lacks an electronic payment portal; petitioners are being instructed to include certified checks payable to the “U.S. Treasury – H1B Fee,” raising banking-limit hurdles.
![$100,000 H-1B Filing Fee Faces Immediate Legal Challenge as Rule Takes Hold]()
For corporate mobility teams, the immediate decision is whether to postpone filings, pivot to alternative categories (O-1A, TN, E-3) or budget the six-figure outlay. Early-stage start-ups and non-profits say the fee is prohibitive, effectively shutting them out of the program. Large tech firms are reassessing FY-2027 workforce plans and warning of project delays if critical talent cannot enter on schedule.
Legal analysts expect the court to weigh a temporary restraining order within weeks; if granted, USCIS may have to refund fees already paid. In the interim, employers should track the lawsuit, flag any H-1B petitions in the pipeline, and prepare alternative employment strategies in case the fee survives.
The challenge adds a new layer of uncertainty to a program already rattled by fee hikes, stricter lottery controls and the shutdown-related premium-processing pause, underscoring the importance of diversified immigration portfolios for U.S. operations.
Under updated USCIS guidance, the $100,000 payment is required for most “new” H-1B petitions, including consular-notification cases for employees abroad. Cap-exempt employers such as universities must pay unless they can prove their work is in the national interest—an undefined standard causing widespread confusion. Late-October stakeholder calls revealed that USCIS lacks an electronic payment portal; petitioners are being instructed to include certified checks payable to the “U.S. Treasury – H1B Fee,” raising banking-limit hurdles.
For corporate mobility teams, the immediate decision is whether to postpone filings, pivot to alternative categories (O-1A, TN, E-3) or budget the six-figure outlay. Early-stage start-ups and non-profits say the fee is prohibitive, effectively shutting them out of the program. Large tech firms are reassessing FY-2027 workforce plans and warning of project delays if critical talent cannot enter on schedule.
Legal analysts expect the court to weigh a temporary restraining order within weeks; if granted, USCIS may have to refund fees already paid. In the interim, employers should track the lawsuit, flag any H-1B petitions in the pipeline, and prepare alternative employment strategies in case the fee survives.
The challenge adds a new layer of uncertainty to a program already rattled by fee hikes, stricter lottery controls and the shutdown-related premium-processing pause, underscoring the importance of diversified immigration portfolios for U.S. operations.
