Court Sets Expedited Briefing Schedule for $100K H-1B Fee Challenge

The judge hearing a legal challenge to a $100,000 fee on employers seeking to sponsor an employee for an H-1B visa has ordered that all legal briefings in the case be completed by December 8, 2025.

Judge Beryl Howell’s order specifies that the government must file its opposition to summary judgment by November 28, 2025. The Chamber and AAU are allowed to file a reply to the government’s arguments, due December 8, 2025. Following completion of briefing, the court will decide whether to hold oral argument, although Judge Howell recognized that the plaintiffs, the U.S. Chamber of Commerce and the Association of American Universities (AAU), have established that they are entitled to prompt judicial review. As such, according to observers, the judge may be prepared to issue a decision before the end of December.

If the Chamber and AAU prevail, the court could invalidate or enjoin enforcement of the Proclamation nationwide. Regardless of the initial decision, the losing party will have the right of appeal to the District of Columbia Circuit Court. The DC Circuit may allow the Presidential Proclamation establishing the fee to stay in effect or may allow it to stay blocked while the litigation proceeds in the DC Circuit. A final decision would then be more than a year away, but Judge Howell’s initial decision—and whether the DC Circuit allows that decision to go into effect while it considers the appeal—is expected to clarify, for employers and H-1B visa holders, how long they will need to be concerned about the Proclamation and its $100,000 fee.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, If you require further assistance or advice relating to the above, please contact our Managing Partner, Janice Flynn at janice@flynnhodkinson.com.