A D.C. Circuit court fast-tracked the U.S. Chamber of Commerce’s (COC) appeal against the result of its H-1B fee lawsuit. The lawsuit initially concluded that establishing new $100,000 H-1B entry fee was well within the government’s authority. The COC must file their appeal by January 9, 2026.

The order comes after the COC and the Association of American Universities (AAU) urged the court to expedite their appeal, arguing that it had substantial merit. The plaintiffs said in their emergency consent motion to expedite appeal that neither section of the Immigration and Nationality Act (INA) that the government cited in the executive order implementing the new H-1B application fee didn’t grant power to delegate Congress’ power to tax U.S. employers. In short, the implementation of the new $100,000 H-1B fee exceeds the government’s lawful authority.

The H-1B visa program is a nonimmigrant program that lets employers petition for highly skilled foreign workers in certain specialty occupations. The new $100,000 H-1B application fee was initially introduced via executive order on September 19, 2025. In response, the COC filed its lawsuit in October. The COC H-1B fee lawsuit is just one of several lawsuits against the government. In October 2025, a coalition of labor unions, healthcare workers, religious and educational groups filed their own lawsuits against the government. A coalition of twenty states, led by California, also filed a lawsuit against the H-1B in December 2025. Regardless of whether the COC’s appeal goes through, there are still several judicial challenges to the new fee.

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