A federal court has confirmed the legality of a new $100,000 fee for certain H-1B visa petitions, a measure introduced by the Trump Administration. On December 23, 2025, U.S. District Judge Beryl A. Howell granted a motion for summary judgment, affirming that the fee requirement is within the executive branch’s authority. This ruling is significant for American businesses seeking to employ foreign workers, as the fee applies to new H-1B petitions for applicants located outside the United States.
The fee was established under President Donald Trump’s September 19, 2025, Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” The proclamation aimed to limit the entry of specific noncitizens into the country. The decision follows a lawsuit filed on October 16, 2025, by the U.S. Chamber of Commerce and the Association of American Universities, which questioned the Administration’s authority to impose such a fee. The plaintiffs argued that the fee would cause significant harm to American businesses, particularly those reliant on skilled foreign labor.
In her ruling, Judge Howell emphasized that the imposition of the fee falls within the broad powers granted to the executive branch by Congress. The court found that the Administration acted within its legal rights to implement measures regarding the entry of noncitizens. With this ruling, the new fee remains in effect, impacting the landscape for H-1B visa applications.
In addition to this ruling, two other lawsuits challenging the legality of the proclamation are currently pending. The first lawsuit was filed on October 3, 2025, by a coalition of immigration advocacy organizations and affected employers in the U.S. District Court for the Northern District of California. The second case, initiated on December 12, 2025, involves a coalition of 20 states and is being heard in the U.S. District Court for the District of Massachusetts.
As the legal landscape continues to evolve around H-1B visa regulations, the implications of these rulings could have lasting effects on American businesses and the broader economy.
