Chamber of Commerce v. DHS: Key Exhibits Filed in H-1B Fee Challenge

A federal lawsuit challenging the $100,000 H-1B fee imposed by a September 19 executive order has received significant new filings. Docket Entry 18, filed October 24 in the U.S. District Court for the District of Columbia (Case No. 1:25-cv-03675), contains the plaintiffs' Motion for Preliminary Injunction and Summary Judgment, supported by an extensive set of exhibits now available through the RECAP archive. Among the most substantive exhibits is the new USCIS Form G-1055 Fee Schedule, a 61-page document that outlines the full range of USCIS filing fees affecting all petitions and applications—including employment-based immigration categories. This document provides practitioners with a comprehensive reference for current and proposed fee structures that extend beyond H-1B filings. The filing also includes several peer-reviewed economic studies central to plaintiffs' arguments: Peri, Shih & Sparber (2015) on STEM workers and H-1B productivity, Jiang et al. (2025) on skilled foreign labor and value creation, Mahajan et al. (2025) on firm-level effects of the H-1B lottery, and AAMC projections on physician supply and demand. These studies form the evidentiary foundation for the economic harm arguments against the elevated fee. While this case centers on H-1B visas, its outcome could have downstream implications for employment-based immigration more broadly, including EB-3 petitions, given the shared USCIS fee framework and the precedent-setting nature of executive fee authority. Immigration attorneys are encouraged to review the exhibits via RECAP for use in related briefs and analyses.