December 24, 2025
Overview
Goel & Anderson is closely monitoring ongoing litigation and agency developments related to the $100,000 H-1B fee imposed under the September 19, 2025 Presidential Proclamation. On December 23, 2025, the United States District Court for the District of Columbia issued a decision rejecting a legal challenge to the Proclamation and allowing the fee to remain in effect, at least for now.
While additional lawsuits remain pending, the D.C. court’s ruling is a significant development that employers should treat as an immediate compliance signal.
Key Takeaways
- A federal judge in Washington, D.C. upheld the legality of the September 19 Proclamation and related government policies that require a $100,000 fee for certain H-1B filings.
- As a result, the fee remains in force (unless changed by future court orders or agency guidance).
- Other legal challenges remain active, and outcomes in those cases could still alter implementation.
- Employers should plan for rapid operational changes and consider case-by-case strategy for affected H-1B filings.
What the Court Decided
In Chamber of Commerce v. DHS, a coalition led by the U.S. Chamber of Commerce and the Association of American Universities argued that the Proclamation and related agency implementation exceeded President Donald Trump’s legal authority.
The court disagreed, concluding that the Proclamation falls within the President’s authority under INA § 212(f), a statute that allows the President to impose restrictions on the entry of noncitizens when deemed detrimental to U.S. interests.
At this time, it is not yet clear whether the plaintiffs will appeal the decision.
Case Reference: Chamber of Commerce v. DHS, Case No. 1:25-cv-03675 (D.D.C., filed Oct. 16, 2025)
Who Is Impacted by the $100,000 Fee
Under the Proclamation and current government implementation policies, H-1B petitions filed after September 20, 2025 may be blocked from approval if they are filed for (or only approvable for) consular notification, unless:
- The employer pays the $100,000 fee, or
- The employer obtains a national interest exception, or
- The employee falls outside the fee’s scope under the Proclamation’s terms or later agency interpretation.
This structure creates a major cost and strategic impact for employers who rely on consular processing pathways, particularly for high-volume or multinational programs.
Additional Lawsuits Still Pending
Although the D.C. decision is significant, litigation is far from over. Two separate lawsuits remain active:
- State-led challenge in Massachusetts:
State of California, et al. v. Kristi Noem, et al., Case No. 1:25-cv-13829 (D. Mass., filed Dec. 12, 2025) - Earlier challenge in California:
Global Nurse Force v. Trump, Case No. 3:25-cv-08454 (N.D. Cal., filed Oct. 3, 2025)
These cases could result in injunctions, modified implementation rules, or agency recalibration — potentially with little warning.
What Employers Should Do Now
Given the continuing uncertainty and the potential for abrupt changes, employers should consider the following immediate steps:
1) Identify exposure
- Review upcoming H-1B filings involving consular notification or scenarios where change of status may not be available.
- Assess whether internal business needs can support alternative immigration strategies where feasible.
2) Budget and scenario plan
If business necessity makes consular notification unavoidable, employers should evaluate whether the $100,000 fee is realistic for specific cases and develop a decision matrix for approvals.
3) Consider exception strategy
For employers pursuing a national interest exception, case preparation will likely require detailed documentation and may be time sensitive.
4) Stay alert for rapid change
Court orders or new federal guidance could generate immediate operational implications, including shifting filing pathways, adjudication holds, or revised fee requirements.
How G&A Can Help
Goel & Anderson is tracking the litigation and is prepared to help employers:
- Evaluate whether a case is likely subject to the fee
- Assess available alternatives (e.g., change of status, timing, case structuring)
- Advise on budgeting and program-level risk management
- Prepare national interest exception requests where appropriate
- Provide real-time updates when courts or agencies issue new directives
This alert is provided for general informational purposes and does not constitute legal advice. Employers should consult counsel regarding their specific workforce needs and compliance obligations.
