In 2026, the U.S. immigration system is not just a policy issue — it’s a legal battleground. A series of high-stakes lawsuits are challenging recent government actions on visa fees, processing pauses, and consular restrictions. These legal clashes have major implications for employers that depend on global talent, affecting everything from hiring plans to workforce strategy.
1. The $100,000 H-1B Visa Fee Under Fire
One of the most consequential legal fights this year involves the administration’s controversial $100,000 employer fee on certain new H-1B visa petitions. Businesses and advocacy groups argue the fee was imposed unlawfully — exceeding presidential authority and conflicting with the Immigration and Nationality Act (INA), which requires visa fees to be tied to actual processing costs.
The U.S. Chamber of Commerce — representing thousands of employers — filed a federal lawsuit challenging the H-1B surcharge and seeking injunctive relief to block it. Plaintiffs argue the fee threatens small and midsize businesses’ ability to hire foreign professionals and undermines the underlying purpose of the H-1B program.
Several other related challenges target the fee’s procedural legality under the Administrative Procedure Act, claiming it was enacted without required notice-and-comment rulemaking.
However, at least one federal court upheld the fee’s legality, leaving it in effect as the litigation continues.
Why it matters for business:
A successful challenge could roll back a major cost increase in hiring skilled foreign workers, while an adverse ruling would cement a high-cost regime that reshapes talent budgets.
2. Lawsuits Targeting 75-Country Visa Freeze
Another critical case with wide business implications is the legal challenge to the State Department’s immigrant visa processing pause for nationals of 75 countries. Initiated in January 2026, this suspension halts issuance of immigrant visas — including many employment-based green cards — for certain foreign nationals, profoundly affecting hiring and relocation plans.
Multiple advocacy groups and civil rights organizations have filed federal lawsuits arguing the policy is unlawful, discriminatory, and violates long-standing immigration law by imposing a sweeping nationality-based bar without adequate justification.
The litigation seeks a court order to undo the pause and resume normal consular visa processing — a result that could restore predictability for employers sponsoring foreign workers for permanent residence.
Why it matters for business:
If courts block the freeze, companies may regain clarity and the ability to bring global professionals into the U.S. for long-term roles. If the freeze stands, employers could face prolonged delays and talent shortages.
3. Broader Litigation and Administrative Policy Challenges
Beyond these headline cases, other lawsuits are shaping the immigration landscape. Challenges to USCIS policy memos freezing certain immigration benefits and visa adjudications are mounting, asserting violations of due process and equal protection principles.
Meanwhile, outcomes in courts nationwide — including decisions on executive authority and procedural requirements — may establish legal precedent affecting future immigration rulemaking.
What Businesses Should Watch
For employers, litigation outcomes matter because they can:
- Reinstate or roll back costly policies like the H-1B fee.
- Resume or halt visa processing, directly affecting hiring pipelines.
- Define executive branch authority over immigration policy.
- Shape employer compliance risk and planning horizons.
Staying informed and engaged with legal developments — and consulting immigration counsel — will be critical for businesses that rely on global talent in 2026 and beyond.
