In a detailed decision published on December 23, 2025, a federal district court judge in Washington, D.C. ruled in favor of the administration on the issue of President Trump’s September 19 Proclamation imposing a $100,000 fee on certain H-1B petitions.  

The Chamber of Commerce and the Association of American Universities had argued that the imposition of the fee was outside the authority of the President, but the district court found that the Proclamation was lawfully issued pursuant to  Section 212(f) of the Immigration and Nationality Act, which authorizes the President to impose any restrictions he deems necessary upon the entry of noncitizens.  

The Proclamation applies to all H-1B petitions filed after September 20, 2025, if the petition is filed for—or only approvable for—consular notification. Employers are required to pay $100,000 via ACH transfer at a designated pay.gov website in order for USCIS to approve the petition. 

There are two other lawsuits challenging the $100,000 H-1B Fee Proclamation—Global Nurse Force v. Trump in the Northern District of California, which has a preliminary injunction hearing set for February 19, 2026, and State of California v. Noem in Massachusetts, which was just filed on December 12, 2025.