Court Fast-Tracks Challenge to $100K H-1B Fee
A federal court in Washington, D.C. has set an expedited schedule in the lawsuit challenging the new $100,000 H-1B fee announced in September 2025.
The fee, created by presidential proclamation, would apply to new H-1B petitions for workers outside the U.S. or requiring consular processing. The U.S. Chamber of Commerce and Association of American Universities (AAU) are leading the challenge, arguing that the fee exceeds presidential authority and violates federal law.
Judge Beryl Howell ordered fast-track briefing. A ruling could come by year-end. The accelerated timeline suggests the court views this as a primarily legal issue with potentially immediate impact on employers.
What Employers Should Know
- Fee applies only to new H-1B consular cases.
- Extensions and transfers inside the U.S. are not subject to the fee.
- A court ruling could temporarily block or uphold the fee and employers should plan for both outcomes.
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