Court Expedites Appeal of Trump's $100,000 H-1B Visa Fee

The U.S. Court of Appeals for the District of Columbia Circuit agreed on January 5, 2026, to expedite an appeal challenging a $100,000 fee imposed by Donald Trump on new H-1B visas. The fee, established in September via Proclamation 10973, rose from a previous range of $2,000 to $5,000. The U.S. Chamber of Commerce and the Association of American Universities sought the accelerated timeline to ensure a resolution before the annual visa lottery begins in March. This follows a December 24 district court ruling that the fee fell within presidential authority.

The administration argues the fee combats systemic abuse of the program and the suppression of American wages. However, California and 19 other states are suing over the increase, with California Attorney General Rob Bonta describing the cost as an illegal financial burden that exacerbates labor shortages. Oral arguments are scheduled for February.

Simultaneously, the H-1B program faces legislative and regulatory overhaul. Representative Marjorie Taylor Greene introduced a bill to phase out the program to end the replacement of American workers. Additionally, the Department of Homeland Security will implement a new allotment system on February 27 that replaces the random lottery with a prioritization system for higher-paid and higher-skilled workers starting in 2027. The Department of State has also expanded screening by requiring applicants to make their social media accounts public.