Last year in October, multiple organisations filed a lawsuit against the $100,000 H-1B fee. A federal judge in California has now blocked US agencies from enforcing the fee on certain H-1B workers.
US District Judge Haywood S. Gilliam Jr. ruled on 30th September on the Global Nurse Force v. Donald J. Trump lawsuit. The USCIS and CBP are now barred from implementing policies related to the fee.
This means that the extension issued by the White House earlier in September is now invalid. Until the proper notice-and-comment procedure for rulemaking is followed, the $100,000 H-1B cannot be implemented.
The lawsuit focused on whether proper procedures had been followed when issuing the rule. The judge cited irreparable harm to the organisations due to the fee, leading to lack of essential services like healthcare.
The court also rejected the government’s claims that the harm to the organisations was only economic. The case has been stayed now, pending appeal.
Earlier in June, a federal judge in Boston rules against the fee in a separate case. That case was brought by 20 states, and the government’s appeal was also rejected at the time, leading to the fee being blocked.
The latest ruling is seen by many attorneys as a major win for the H-1B program. There are expectations now that the oppressive H-1B fee may be repealed.
