The U.S. Court of Appeals for the District of Columbia Circuit will fast-track the appeal concerning the legality of a $100,000 fee imposed on certain H-1B visa petitions. This decision, made on January 5, 2026, follows a ruling from the U.S. District Court for the District of Columbia that upheld the fee, which was enacted by the Trump Administration through a Presidential Proclamation on September 19, 2025.
The district court ruled on December 24, 2025, that the fee requirement falls within the extensive authority Congress has granted to the executive branch concerning the regulation of noncitizen entry into the United States. This ruling has drawn sharp criticism from various groups, leading to an appeal by the plaintiffs, the U.S. Chamber of Commerce and the Association of American Universities. They argue that the fee will have detrimental effects on businesses and educational institutions reliant on the H-1B visa program.
In light of the urgency surrounding the annual H-1B registration and lottery process, which occurs in March, the plaintiffs requested that the appeals process be expedited. The Court of Appeals has set an accelerated schedule, requiring appellants to submit their appellate brief by January 9, 2026. The Trump Administration will then respond by January 30, 2026, with oral arguments anticipated in February 2026.
The H-1B visa program is crucial for U.S. employers seeking to hire skilled foreign workers, particularly in technology and scientific fields. The introduction of the $100,000 fee has raised concerns about its impact on employers’ ability to access global talent.
In a related development, the Department of Homeland Security announced on December 29, 2025, that it would implement a new “Weighted Selection Process” for the fiscal year 2027 H-1B visa registration and lottery. This new process aims to prioritize certain applicants but remains under scrutiny as the legal challenges to the fee continue.
As the appeal unfolds, stakeholders in the business and educational sectors are closely monitoring the situation, given the significant implications for the future of the H-1B visa program and its role in attracting skilled labor to the United States.
