The U.S. Court of Appeals for the District of Columbia Circuit has agreed to expedite the appeal regarding the controversial $100,000 fee imposed on certain H-1B visa petitions. This decision, made on January 5, 2026, follows a ruling by the U.S. District Court for the District of Columbia, which upheld the legality of the fee on December 24, 2025. The fee requirement was introduced by the Trump Administration through a Presidential Proclamation issued on September 19, 2025.
The lower court found that the imposition of the fee is within the authority granted to the executive branch and the president by Congress to regulate the entry of noncitizens into the United States. In response, the plaintiffs, which include the U.S. Chamber of Commerce and the Association of American Universities, have appealed this decision. They requested that the case be fast-tracked due to the impending annual H-1B registration and lottery, scheduled for March 2026, which serves as a crucial opportunity for U.S. employers seeking to sponsor H-1B visa applicants.
In agreeing to fast-track the case, the Court of Appeals set an accelerated timeline. The appellants must submit their appellate brief by January 9, 2026, while the Trump Administration is required to respond by January 30, 2026. Oral arguments are anticipated to take place in February 2026.
Context of the H-1B Visa Fee
The $100,000 fee is part of broader efforts by the Trump Administration to impose stricter regulations on the H-1B visa program, which allows U.S. companies to employ foreign workers in specialty occupations. The program has faced criticism and legal challenges over concerns it may limit access to skilled labor, particularly in the technology and academic sectors.
On December 29, 2025, the Department of Homeland Security announced a new “Weighted Selection Process” for the fiscal year 2027 H-1B visa registration and lottery. This new method aims to prioritize applications based on various criteria, though details on its implementation remain limited.
The fast-tracking of this appeal underscores the significance of the H-1B visa program for the U.S. economy and workforce. As the case progresses, its outcome will have substantial implications for employers and foreign workers alike.
