Federal Court Blocks $100K H-1B Visa Fee
A U.S. federal court has once again put the brakes on the Trump administration’s requirement for employers to pay an additional H-1B visa fee of $100,000 when bringing in foreign professionals from abroad.
According to Reuters, U.S. District Judge Haywood Gilliam of the Northern District of California blocked the enforcement of the measure on the 30th, ruling that the U.S. Citizenship and Immigration Services (USCIS) and the Department of State failed to go through the necessary rulemaking procedures. The decision follows a lawsuit filed by labor unions, employers, and nonprofit organizations.
Second Legal Blow to the Administration’s Policy
This marks the second time a federal court has halted the measure. A Massachusetts federal court also invalidated the $100,000 payment requirement in a separate lawsuit last June. Although the administration appealed and requested a stay of the ruling, the 1st U.S. Circuit Court of Appeals declined the request last July.
President Trump introduced the $100,000 payment requirement last September, arguing that the H-1B program was being abused to replace American workers with low-cost foreign labor. The target applies principally when submitting new petitions for H-1B workers located outside the United States. While the measure has been extended for another year, its implementation remains blocked by court decisions.
Additional DHS Regulations and Quotas
Separately, the Department of Homeland Security (DHS) is also pursuing a separate regulatory proposal to add an additional $103,265 fee to H-1B petitions subject to the annual cap.
The annual general quota for H-1B visas is 65,000, with an additional 20,000 allocated to individuals holding master’s degrees or higher from U.S. universities.
