FOLLOW US

Wed

August 26, 2026

America January 6, 2026 3 mins read

Appeals Court Fast-Tracks Challenge to Trump’s $100,000 H-1B Visa Fee

America ı By Ahmed Boughalleb

0 Comments

H1-B VISA

The U.S. Court of Appeals for the D.C. Circuit has moved quickly to advance a legal challenge to President Donald Trump’s $100,000 fee on new H-1B visa petitions, setting an accelerated briefing schedule ahead of the next annual visa lottery.

In an order issued Monday, the court directed the U.S. Chamber of Commerce and the Association of American Universities to file their opening brief by Jan. 9, with the Trump administration’s response due by Jan. 30. The case challenges a lower court ruling that upheld the fee as a lawful exercise of presidential authority.

The expedited schedule follows an emergency request from the Chamber and the AAU, which argued that the appeal raises serious legal questions and that timing is critical with the H-1B registration process set to begin in March 2026.

The groups contend that the Immigration and Nationality Act does not give the president the power to impose what they describe as a massive tax on U.S. employers.

“Neither provision cited by the proclamation contains the clear statement necessary to delegate Congress’s taxing authority to the president,” the organizations told the court, adding that the measure “takes a wrecking ball” to the statutory design of the H-1B program.

The H-1B visa allows U.S. employers to hire highly skilled foreign workers in specialty occupations, including technology, engineering and scientific research roles. Trump announced the $100,000 fee in September, framing it as a necessary restriction on entry to address what he described as widespread abuse of the program and the displacement of U.S. workers.

The Chamber filed suit in October, arguing that the proclamation exceeds presidential authority and violates the Administrative Procedure Act. The AAU later joined the case, representing major research universities that rely heavily on foreign talent.

Just days before Christmas, U.S. District Judge Beryl A. Howell ruled in favor of the administration, finding that Trump acted under an “express statutory grant of authority” and that the proclamation was not unlawful.

In asking the appeals court to intervene quickly, the Chamber and the AAU warned that the fee is already disrupting hiring plans across multiple sectors.

“Absent prompt relief, employers unable to pay the proclamation fee will miss their chance to register for the March lottery and be forced to forgo H-1B hiring until at least next year,” the groups said.

They added that the cost is so high that many companies subject to the annual 85,000-visa cap have scaled back or abandoned H-1B recruitment altogether. Universities and nonprofit healthcare providers, which are exempt from the cap, also report delays in filling teaching, research and clinical positions.

“Candidly, it already is too late to spare cap-exempt employers from all the harms of the proclamation,” the groups said, though they argued a ruling by March could still help universities and employers plan for later hiring cycles.

The case is one of several lawsuits challenging the visa fee. Other suits brought by labor groups, healthcare organizations, religious institutions and a coalition of states argue that the measure conflicts with Congress’s intent and improperly raises revenue without legislative approval.

A three-judge panel of the D.C. Circuit will hear the appeal. Judges Patricia A. Millett, Florence Y. Pan and Bradley N. Garcia are assigned to the case.

Previous Article

Groups Urge FCC to Block Nexstar–Tegna Deal Over Ownership Cap Concerns

Read More
270 Posts

Ahmed Boughalleb

Ahmed is a sales development and international trade expert with decades of experience in business, acquisitions and mergers. He writes about financial and business news with a focus on the U.S. market.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 23, 2026
Poolside Deal With Nvidia Strengthens US…

SAN FRANCISCO — Poolside is at the center of a…

By – Jackie Allen
America August 22, 2026
Tariff War Escalates as Canada Announces…

OTTAWA — The Tariff War between Canada and the United…

By – Jackie Allen
Arizona August 22, 2026
The End of the Colorado River…

The river that has created the modern South West is…

By – Ramzi Salem
America August 22, 2026
AI Funding by American Banks: Mega-Bubble…

Behind the breathtaking numbers is a financial paradox: the institutions…

By – Ramzi Salem
America August 21, 2026
Alisa Goods Case Ends in Heartbreak…

A search that began with a simple bus trip to…

By – Rihem Akkouche
America August 21, 2026
JLL Developer’s $12M Fraud Suit Alleges…

Sometimes a lawsuit boils down to a single question: did…

By – Rihem Akkouche
America August 21, 2026
JLL Developer’s $12M Fraud Suit Alleges…

Sometimes a lawsuit boils down to a single question: did…

By – Rihem Akkouche
America August 21, 2026
Steadfast $5.5B Buyout Deal Sends Australian…

Australia’s insurance brokerage landscape just shifted beneath its own feet.…

By – Rihem Akkouche
America August 21, 2026
Travis Kelce Chiefs Training Camp Grind…

Most 36-year-olds in the NFL are counting down the days…

By – Rihem Akkouche
America August 21, 2026
Alaska Plane Crash Near Remote Radar…

A routine flight to one of Alaska’s loneliest outposts turned…

By – Rihem Akkouche
America August 21, 2026
Cook Medical Data Breach Suit Alleges…

Some data breaches happen quietly, discovered only in retrospect. This…

By – Rihem Akkouche
America August 21, 2026
Boy Left on Mount Fuji Alone…

Picture a school essay titled “How I Spent My Summer…

By – Rihem Akkouche
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen
America August 21, 2026
Eric Swalwell Faces FBI Search as…

WASHINGTON — Former congressman Eric Swalwell is facing an escalation…

By – Jackie Allen
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Bitcoin Twins See Bitcoin’s $65,000 Level…

The Bitcoin Twins, Cameron and Tyler Winklevoss, are once again…

By – Jackie Allen
America August 19, 2026
Hayden Panettiere Death Investigation Heats Up…

 Police Seek Answers in Panettiere’s Final Hours A Death Investigation…

By – Jackie Allen
America August 18, 2026
Hayden Panettiere Remembered for her Acting…

Hayden Panettiere, the former child star who became internationally known…

By – Jackie Allen
America August 20, 2026
California AB 2624 Reaches Newsom as…

INSIDE THIS REPORT AB 2624 would protect threatened immigration-service workers.…

By – Samuel Lopez
America August 20, 2026
Robin Williams’ Children Reactivate His Instagram…

Inside This Report Zak, Zelda, and Cody Williams have relaunched…

By – Samuel Lopez
America August 19, 2026
Christian Metal Band Demon Hunter Declares…

INSIDE THIS REPORT Christian metal band Demon Hunter has sued…

By – Samuel Lopez
America August 19, 2026
Judge Removed After Saying Jury “Got…

INSIDE THIS REPORT A visiting judge removed Judge John Roach…

By – Samuel Lopez
America August 19, 2026
Did the Government Just Admit It…

INSIDE THIS REPORT Avi Loeb says government sources asked him…

By – Samuel Lopez
America August 19, 2026
Eight Years After Elon Musk Shot…

Key Takeaways Elon Musk’s Tesla Roadster has been traveling through…

By – Samuel Lopez
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America August 12, 2026
Heat Dome Brings Dangerous Temperatures Across…

A powerful Heat dome is expanding across the United States,…

By – Jackie Allen
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche
America August 14, 2026
White House Denies Role in Josh…

LOS ANGELES — The White House is denying any role…

By – Michallie Harrison
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche
America August 13, 2026
Tiger Woods and Nike: 27-Year Partnership…

Tiger Woods built one of the most lucrative athlete-brand partnerships…

By – Jackie Allen
America August 12, 2026
209 Triple-Doubles, Two Offers Declined: Russell…

There were two NBA teams ready to hand Russell Westbrook…

By – Rihem Akkouche
America August 11, 2026
Part 2. Archbald Faces Big Expansion…

In Archbald, Pennsylvania, a community of roughly 7,000 residents, the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter