The U.S. Court of Appeals for the District of Columbia Circuit has agreed to expedite the appeal of a federal court ruling that upheld a controversial $100,000 fee on certain H-1B visa petitions. This decision, announced on January 5, 2026, follows a prior ruling by the U.S. District Court for the District of Columbia, which confirmed the legality of the fee imposed by the Trump Administration on December 24, 2025.
The fee was introduced through a Presidential Proclamation on September 19, 2025, as part of a broader effort to regulate the entry of noncitizens into the United States. The District Court concluded that this action fell within the authority granted by Congress to the executive branch and the president. In response to this ruling, the plaintiffs, including the U.S. Chamber of Commerce and the Association of American Universities, filed an appeal and requested that the case be fast-tracked due to the approaching annual H-1B registration period in March 2026.
Expedited Process for Appeal
In agreeing to the expedited schedule, the Court of Appeals has set clear deadlines for the appeal process. Appellants must submit their appellate brief by January 9, 2026, while the Trump Administration is required to respond by January 30, 2026. Oral arguments are anticipated to take place in February 2026. This rapid timeline underscores the urgency of the matter, as the H-1B lottery represents a critical opportunity for employers in the United States to secure sponsorship for foreign workers.
Simultaneously, the Department of Homeland Security (DHS) announced a final rule on December 29, 2025, introducing a new “Weighted Selection Process” for the fiscal year 2027 H-1B visa registration and lottery. This new approach aims to reform how applicants are selected, potentially impacting the chances of various candidates during the lottery.
The outcome of this appeal could have significant implications for U.S. employers relying on the H-1B visa program to fill skilled positions. As the registration period approaches, businesses are closely monitoring developments in this legal battle, which could affect their ability to recruit international talent.
