New Update on the $100,000 H-1B Lawsuit

Good news!! The lawsuit challenging the H-1B $100,000 fee has moved forward! The U.S. District Court for the District of Columbia has officially set an expedited briefing schedule: all briefs must be completed by December 8, 2025.This means the case could reach its first ruling by the end of 2025. If the court finds the policy unlawful, enforcement of the $100,000 fee could be immediately halted.

Background

On September 19, 2025, President Trump signed Presidential Proclamation No. 10973, restricting the entry of certain H-1B workers from abroad unless their employers pay $100,000 to the U.S. Treasury.The administration described it as a “measure to protect American jobs,” but the policy triggered strong backlash from business, education, and immigrant communities.

Less than a month later, the U.S. Chamber of Commerce and the Association of American Universities (AAU) jointly filed a lawsuit in the D.C. federal court, arguing that:

• The fee was not authorized by Congress, violating the Constitution’s Appropriations Clause;

• The Immigration and Nationality Act (INA) already defines visa-related fees, leaving no authority for the executive branch to impose new ones;

• The rule would seriously hinder companies’ ability to hire foreign talent and harm U.S. universities’ recruitment of researchers and international professionals.

Case Progress

To prevent the proclamation from taking effect during litigation, the plaintiffs filed a motion for preliminary injunction, asking the court to suspend the $100,000 fee. Alternatively, they submitted a motion for summary judgment, asserting that there are no factual disputes—only legal ones—so the court could rule directly without trial.

The defendant (the U.S. government) requested more time to respond, citing the federal government shutdown, which caused delays due to furloughed DOJ attorneys.

However, on October 30, 2025, Judge Beryl A. Howell denied the government’s request for an extension and issued an expedited briefing schedule:

• The government must submit its opposition brief by November 28, 2025;

• Plaintiffs must file their reply brief by December 8, 2025;

• The court may hold a hearing after brief are completed.

  

Outlook

Until the summary judgment is decided, the $100,000 H-1B fee policy remains in effect. Given the court’s expedited handling, two scenarios are likely:

• If no hearing is held, a ruling could be issued as soon as late December 2025;

• If a hearing is held, oral arguments would likely occur in January 2026, with a ruling about a month later.

  

  
  

If the plaintiffs win, the court may strike down the $100,000 fee as unlawful, immediately voiding the policy. If the government wins, the policy will remain in place.

For now, applicants subject to the new H-1B fee should wait for the court’s ruling, expected by late December 2025.We will provide timely analysis and updates once the judgment is released.