Federal court upholds $100,000 H-1B visa fee pending appeal

A federal district court has ruled that the Trump administration may impose a new $100,000 fee on certain H-1B visa petitions filed after September 21, 2025.

The court rejected a challenge brought by the U.S. Chamber of Commerce and other business groups. The ruling allows the fee to remain in effect for now.

The lawsuit challenged a presidential proclamation that significantly increased the cost of sponsoring foreign workers under the H-1B program.

Business groups argued that the fee exceeded the administration’s statutory authority and imposed an unlawful burden on employers that rely on skilled foreign labor.

The court disagreed, concluding that existing immigration statutes gave the executive branch sufficient authority to impose the additional fee.

The Chamber of Commerce has appealed the ruling, and further judicial review could alter the outcome.

However, unless the decision is reversed, employers filing covered H-1B petitions must factor the new fee into their immigration budgets and workforce planning.

The case involves one of the most significant cost increases tied to the H-1B program in recent years.

For employers, the decision underscores the growing uncertainty and expense associated with employment-based immigration. Organizations that regularly sponsor H-1B workers may want to reassess filing strategies, evaluate the timing of petitions, and coordinate closely with immigration counsel as the appeal proceeds.

The ruling also highlights how immigration policy shifts can have immediate financial and operational consequences for employers competing for specialized talent.