
A new fee on H-1B visas could cripple tech companies, raising alarms among conservatives who see it as government overreach.
Story Highlights
- The U.S. Court of Appeals fast-tracks a challenge to Trump’s $100,000 H-1B visa fee.
- Business groups fear this fee will disrupt the March 2026 H-1B visa lottery.
- The fee is seen as a measure to curb perceived program abuse by prioritizing higher wages.
- The tech industry heavily relies on H-1B visas for skilled foreign labor.
Trump’s Controversial H-1B Visa Fee
On September 19, 2025, President Trump issued an executive order imposing a $100,000 fee on new H-1B visa petitions. This dramatic increase from the typical $2,000-$5,000 was designed to curb abuse by prioritizing higher wages and reducing low-wage hiring. The U.S. Chamber of Commerce and other business groups filed lawsuits, arguing this fee exceeds the president’s authority under the Immigration and Nationality Act.
US appeals court fast tracks $100,000 H-1B visa fee dispute
Full Story → https://t.co/6txU3Byg8A pic.twitter.com/gEdeSHZboz
— PiQ Newswire (@PiQNewswire) January 6, 2026
Legal Challenge and Expedited Appeal
In December 2025, U.S. District Judge Beryl Howell upheld the fee, ruling it within presidential immigration authority. However, the U.S. Court of Appeals for the District of Columbia Circuit agreed to expedite an appeal by the U.S. Chamber of Commerce and other groups on January 5, 2026. The appeal aims to ensure U.S. businesses can participate in the March 2026 H-1B visa lottery without the burden of the new fee.
The expedited appeal underscores the urgency for tech companies that rely on skilled foreign workers to fill critical roles. With oral arguments set for February, businesses hope for a resolution that allows them to proceed with hiring plans without facing exorbitant costs.
Impact on Tech Industry and Broader Implications
The $100,000 fee, coupled with changes to the H-1B lottery system favoring higher-wage applicants, could significantly impact the tech industry. Companies may need to revise their hiring strategies, potentially increasing labor costs and limiting access to skilled talent. This fee is part of a broader effort by the Trump administration to prioritize American jobs and wages, aligning with conservative values of protecting domestic workers.
Appeals Court Agrees To Fast-Track Challenge To $100,000 H-1B Visa Fee https://t.co/1f0A8j6vcJ
— zerohedge (@zerohedge) January 6, 2026
If the fee is upheld, it could deter the use of H-1B visas, pushing companies to explore alternative visa options like the O, TN, or EB categories. Conversely, if the fee is overturned, it may restore the status quo but could prompt further reforms aimed at curbing perceived abuses of the visa system.
Sources:
Appeals Court Expedites H1B Visa Fee Challenge
H-1B Fee Lawsuit Appeal Granted
US Appeals Court Fast-Tracks Challenge to Trump’s $100,000 H-1B Visa Fee
Appeal: AAU & Chamber of Commerce Litigation Challenging H-1B Visa Petition Fee
New Year, New Rules for Applying for H-1B Visas





