Appeals Court to Review Ruling Blocking $100,000 H-1B Visa Fee

U.S. Court of Appeals for the First Circuit defending a $100,000 payment requirement for certain H-1B visas. The filing seeks to reverse a June 8 district court ruling that blocked the policy and to obtain a stay while the appeal proceeds.

President Donald Trump issued a proclamation requiring certain employers seeking new H-1B visas to pay $100,000 as a condition of entry for foreign workers. The Departments of Homeland Security and State Department were directed to deny new H-1B petitions not accompanied by the payment and to verify the fee before issuing visas.

U.S. District Judge Leo Sorokin ruled on June 8 that the payment functioned as a tax not clearly authorized by Congress and vacated the fee. ” The district court also found the policy unlawful under the Administrative Procedure Act for exceeding statutory authority and bypassing required rulemaking procedures.

A coalition of states challenged the policy, arguing it exceeded presidential authority and imposed a tax without congressional approval.

U.S. degrees. U.S. employers to temporarily hire foreign workers in specialty occupations.

In the June 18 filing, the administration argued that the fee falls within the president’s broad authority over immigration under the Immigration and Nationality Act. Justice Department lawyers stated that the payment is not designed to raise revenue but to regulate immigration by discouraging reliance on foreign labor. S.