The U.S. Court of Appeals for the District of Columbia Circuit has agreed to expedite the appeal concerning a controversial $100,000 fee imposed on certain H-1B visa petitions. This decision, made on January 5, 2025, follows a ruling from the U.S. District Court for the District of Columbia, which upheld the legality of the fee on December 24, 2025. The fee was introduced by the Trump Administration through a Presidential Proclamation on September 19, 2025.
The lower court determined that the imposition of the fee falls within the broad authority granted to the executive branch and the president by Congress to regulate the entry of noncitizens into the United States. This ruling has prompted a response from key industry organizations, including the U.S. Chamber of Commerce and the Association of American Universities, which are challenging the decision and have requested that the appeal process be expedited. Their motivation is tied to the upcoming annual H-1B registration and lottery, set for March 2026, which is a critical opportunity for U.S. employers to apply for H-1B sponsorship.
In agreeing to fast-track the case, the Court of Appeals has established an expedited timeline for the proceedings. The appellants must submit their appellate brief by January 9, 2026, while the Trump Administration is expected to respond by January 30, 2026. Oral arguments are anticipated to take place in February 2026.
In a related development, the Department of Homeland Security announced a new policy on December 29, 2025. This final rule introduces a “Weighted Selection Process” for the fiscal year 2027 H-1B visa registration and lottery, which will further influence the dynamics of the visa application process.
As this case unfolds, it will have significant implications for both employers seeking to hire foreign talent and for international professionals looking to work in the United States. The outcome could shape the future of the H-1B program and its associated costs, influencing many stakeholders in the process.
