Update on U.S. Chamber of Commerce lawsuit against the $100k H-1B proclamation

Of the two lawsuits filed against the $100,000 fee on new H-1B petitions, the U.S. Chamber of Commerce lawsuit has advanced more quickly. There may be a summary judgment decision as early as late December 2025. 

If the judge finds the presidential proclamation unlawful, the benefit of the decision may be limited to U.S. Chamber of Commerce members, due to an earlier Supreme Court decision limiting the scope of injunctions.  

Given this possibility, employers should consider joining the U.S. Chamber of Commerce (CoC). It is unclear whether timing of a new membership will make a difference, but it is more likely that companies who joined the CoC prior to the ruling may benefit. 

See our earlier posting regarding this lawsuit at https://www.jackson-hertogs.com/post/u-s-chamber-of-commerce-files-2nd-lawsuit-against-the-100k-h-1b-proclamation