The U.S. Court of Appeals for the District of Columbia Circuit has agreed to expedite the appeal regarding the legality of a significant $100,000 fee imposed on certain H-1B visa petitions. This decision, made on January 5, 2026, follows a federal court ruling that upheld the fee as lawful under the Trump Administration’s policies.
On December 24, 2025, the U.S. District Court for the District of Columbia confirmed the legality of the fee, which was introduced via Presidential Proclamation on September 19, 2025. The lower court determined that the fee falls within the authority granted to the executive branch by Congress, allowing the president to implement restrictions on noncitizen entry into the United States.
The plaintiffs in this case, the U.S. Chamber of Commerce and the Association of American Universities, are challenging the ruling. They have requested that the appeals process be expedited due to the approaching annual H-1B registration and lottery scheduled for March, an important opportunity for U.S. employers seeking to register for H-1B sponsorship.
In agreeing to fast-track the case, the Court of Appeals established an accelerated timeline. The appellants are required to submit their appellate brief by January 9, 2026, while the Trump Administration is expected to respond by January 30, 2026. Oral arguments in the case are anticipated in February 2026.
In a related development, the Department of Homeland Security announced a final rule on December 29, 2025, indicating the intention to implement a new “Weighted Selection Process” for the fiscal year 2027 H-1B visa registration and lottery. This new approach aims to alter the selection criteria for applicants in an effort to better align with the needs of the U.S. labor market.
As the legal battle unfolds, the implications of these developments could significantly affect employers and potential H-1B visa applicants, highlighting the ongoing tensions surrounding immigration policies and their impact on the workforce.
