Federal Court Strikes Down $100,000 H-1B Fee Implemented by Trump Proclamation
On June 8, a federal judge struck down the $100,000 fee that employers had been required to pay when sponsoring beneficiaries of H-1B petitions that were filed or approved for consular processing.
The decision, issued by Massachusetts District Judge Leo T. Sorokin, vacated the fee that USCIS put in place last September. The court determined that the President’s actions were not legally permissible and did not permit the agency to ignore the Administrative Procedure Act.
This means that the decision eliminates the $100,000 fee providing relief to employers sponsoring new H-1B visa holders. However, the government has already stated that it intends to appeal the decision. If the appeal fails, the fee will not apply until a final order by an appeals court or the Supreme Court.
Given the broader H-1B regulatory landscape today, we strongly recommend consulting with immigration counsel before taking any action that could affect your status, including planning any international travel especially during this H-1B cap season.
