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2d ago

Justice Department Appeals Judge’s Ruling That Struck Down $100,000 H‑1B Fee

The appeal sends the district court vacatur to higher courts, leaving open questions about refunds, employer hiring choices, the fee's final legality.

Visual TL;DR — H-1B Visa Fee Struck Down, AI in Law Explained
H-1B Visa Fee Struck Down, AI in Law Explained

Overview

  • A federal judge in Boston vacated the $100,000 supplemental charge this week after finding it acted like a tax and exceeded executive authority.
  • The court said the fee was imposed without the notice-and-comment rulemaking the Administrative Procedure Act requires and that Congress never authorized such a levy.
  • The Justice Department filed a notice of appeal on Thursday, which could prompt appellate review or a temporary stay that would pause the district court’s vacatur.
  • The fee sharply curtailed filings while it was in effect—USCIS reported just 85 payments as of Feb. 15—and some employers, including major retailers, scaled back H‑1B hiring.
  • The dispute now plays out across multiple lawsuits and courts and will determine whether employers get refunds, whether filings resume, and whether an appellate court or Congress sets the long-term rule for H‑1B fees.