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Judge Upholds $100,000 H-1B Fee as DHS Replaces Lottery With Wage-Weighted Selection

The ruling validates the president’s authority, leaving business groups weighing an appeal.

Overview

  • U.S. District Judge Beryl Howell ruled the $100,000 H-1B application fee lawful, citing an express statutory grant of authority to the president.
  • The U.S. Chamber of Commerce argued the fee is cost-prohibitive and said it is considering further legal options after losing in district court.
  • DHS announced it will end the random H-1B lottery and introduce a selection process that gives greater weight to higher-wage, higher-skill petitions.
  • USCIS said the lottery had been exploited by employers seeking lower-wage labor and asserted the new approach better aligns with congressional intent.
  • A 19-state attorneys general suit and a separate case by a global nurse-staffing firm remain active, while reports say the changes strain U.S. tech companies and Indian IT firms and unsettle many H-1B professionals.