Legal Challenge Update on the Presidential Proclamation regarding a $100,000 fee for some H-1B petitions

29 December 2025

The U.S. Chamber of Commerce filed an appeal against the 23 December ruling in favor of the legality of the new $100,000 H-1B fee with the DC District Court of Appeals. It could be several more months before a ruling is issued. You can track the case here.

23 December 2025

The first legal challenge to the $100,000 fee applied to H-1B petitions filed for people outside the U.S. has failed to revoke the fee. The judge in the case filed by the U.S. Chamber of Commerce and the Association of American Universities found in favor of the government, and the fee will remain. There are two other pending cases against the fee; one in federal court in the Northern District of California, brought by Global Nurse Force and a coalition of unions and small businesses, and one brought by 20 States in federal district court in Massachusetts.

The court’s decision can be found here.