Judge Agrees to Partly Pause Order Tossing $100,000 H-1B Fee
Bloomberg Law News • • nation
Key Points:
- A federal judge in Boston, Leo Sorokin, has paused his decision to vacate a $100,000 fee imposed on new H-1B visa workers while the Trump administration seeks an emergency stay from the appellate court.
- Sorokin ruled on June 8 that the fee violated Congress's exclusive tax powers and the separation of powers, marking the first legal setback for the Trump administration's policy on the H-1B visa program.
- The administration promptly appealed and requested a stay of Sorokin's order, which he granted pending the US Court of Appeals for the First Circuit's review.
- The Department of Justice argues the fee is a legitimate exercise of foreign commerce and immigration authority and contends that blocking the fee hampers national security efforts against H-1B program abuses.
- Multiple legal challenges against the fee are ongoing in other courts, with plaintiffs citing Sorokin’s ruling to bolster their cases.