US appeals court fast-tracks challenge to Trump’s $100,000 H-1B visa fee

A US appeals court on Monday agreed to fast-track an appeal against President Donald Trump’s decision to impose a $100,000 fee on new H-1B visas for highly skilled foreign workers. The move comes ahead of the annual H-1B visa lottery scheduled to begin in March, a key process for US employers seeking foreign talent.

The appeal was filed by US business and research groups after they lost a lower court case in December. The US Chamber of Commerce said an urgent review was needed to protect employers’ ability to take part in this year’s visa process. The Trump administration did not oppose the request, and the court approved a schedule that allows oral arguments in February.

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According to a Reuters report, the Chamber said the annual lottery is the only chance for most US employers to apply for H-1B visas in court filings. “Those employers' ability to participate in the H-1B program this year therefore hinges on the outcome of this appeal; without relief by March, it will be too late,” the Chamber said in papers filed on Friday.

The appeal challenges a December 24 ruling by a US district judge, who said the new fee falls within the president’s broad authority over immigration policy.

Before the new rule was announced in September, H-1B visa fees usually ranged from about $2,000 to $5,000, depending on the employer and other factors.

The H-1B program allows US companies to hire foreign workers in specialty occupations. Technology firms are among the biggest users of the program. Each year, 65,000 visas are issued, along with an additional 20,000 for applicants with advanced degrees. Visas are typically granted for three to six years.

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Separately, the US Department of Homeland Security has issued a new regulation that replaces the random lottery with a system that gives priority to higher-skilled and higher-paid workers. That rule is set to take effect on February 27.

The Trump administration has argued that the H-1B program has been misused by some employers to replace US workers with lower-paid foreign labor.

In its lawsuit, the Chamber said the higher fee would force companies to either raise labor costs sharply or reduce hiring of skilled foreign workers. Democratic-led states and a group of employers, nonprofits, and religious organizations have also filed lawsuits challenging the fee.

The case is titled Chamber of Commerce v. Department of Homeland Security and is being heard by the US Court of Appeals for the District of Columbia Circuit.