On 23rd December 2025, the federal district in Washington, D.C., issued its decision in the case of Chamber of Commerce vs DHS, upholding the legality of the President’s Proclamation on the $100,000 fee on H-1B visa petitions.
Core dispute:
The US Chamber of Commerce and the Association of US Universities were arguing for a hold on the $ 10,000 fee for the H-1B visa petition, which was ratified through Presidential Proclamation on 19th September 2025, stating that:
- Unlawful: As the new fee contravened the fee structure set explicitly by Congress in the Immigration and Nationality Act.
- Procedurally defective: As the new fee came into force without any “notice and comment” period as required under the Administrative Procedure Act.
- Economically damaging: As it makes it financially challenging for small businesses, universities, and hospitals to access the H-1B program to hire critical talent.
Read Also– New H-1B Rule for Registrations Transitioning to Wage-Weighted Selection in Cap Season 2027
The Court’s Ruling
Judge Howell’s judgment on 23rd Dec 2025 in the case came as a rejection of the claims made by the Chamber of Commerce and the Association of American Universities, stating that
- Broad Presidential Authority: The President’s Proclamation is well within the legal powers given to the President under Section 212(f) of the Immigration and Nationality Act. The section clearly gives powers to the executive to restrict the entry of non-citizens deemed “ detrimental” to the interest of the United States.
- Fee as a restriction: The judge’s ruling states that the $100000 H-1B fee qualifies as a “ restriction to entry” rather than a standard administrative fee, which Congress sets under the Immigration and Nationality Act.
Read also : Decoding Gold Card Program: The Fastest Path to Employment-based Permanent Residency
Comparison of H-1B Fee ( Pre vs Post Proclamation)
| Fee type | Pre Sept 2025 Proclamation | Post Sept 2025 Proclamation |
|---|---|---|
| Standard Filing fee | $780 | $780 |
| ACWIA (training ) fee | $750 – $1500 | $750 – $1500 |
| Fraud Prevention fee | $500 | $500 |
| New Entry Fee | $0 | $100,000 |
| Total Estimated Cost | $3,600 | $103,600 |
Read Also: New Policy Update: Expanded Screening for H-1B and H-4 Visas — Risk and How to Prepare
What does the new judgment mean for H-1B Employers?
According to the Law Offices of Prashanthi Reddy, as of now, the $100,000 fee remains in effect for all petitions filed after September 21, 2025, that require consular processing, which means it will affect petitions filed under the 2027 H-1B season.
- Scope: Employers filing for H-1B extensions, amendments, or any change of status for workers already in the country are in a better position, as the fee is not applicable to them.
- Ongoing litigation: There might still be a ray of hope for H-1B employers, as the judgments in two other cases have yet to come: Global Nurse Force vs. Trump and a multi-state lawsuit led by California & Massachusetts (State of California vs. Noem).
As the H-1B landscape has completely changed post the new fee, US employers who plan to use the H-1B route in the upcoming H-1B Cap season 2027 need to rethink their hiring strategy and look at other H-1B alternatives, as the cost of sponsoring a single foreign professional would rise from $3,600 to $103,600.
Read Also: Breaking news: President Trump signs proclamation on H-1Bs. Will this destroy the program?
