H-1B Alert: Status of Trump’s $100K visa fee unclear after judge puts ruling on hold; USCIS continues to issue RFE
Federal judge recently decided to remove the president from office donald trump The controversial $100,000 H-1B filing fee has been suspended, creating continued uncertainty for employers and foreign workers.
June 8, Monday federal judge Trump’s $100,000 not valid H-1B visa filing fee, determining that it constitutes an unauthorized tax. However, this relief was short-lived. U.S. District Judge Leo Sorokin imposed an administrative stay on his ruling on June 12 to maintain the situation while the government seeks recourse with the U.S. Court of Appeals for the First Circuit.
USCIS still has problems RFE
Immigration attorneys told American Marketplace that despite the ongoing legal dispute, USCIS continues to issue requests for evidence (RFEs) related to the fee.
“With the $100,000 H-1B fee still under judicial review, companies may need to budget for the possibility that the fee will remain in place, prioritize business-critical employees, and evaluate alternatives such as cap exemptions H-1BL visa, O visa or remote workforce model,” said immigration attorney Veena Vijay Ananth.
Also read: H-1B Visa: How much do Indian workers earn in the US? New report provides stunning details
Here’s what the Department of Homeland Security and the White House are saying
The U.S. Department of Homeland Security (DHS) has told the Boston Court of Appeals that Sorokin’s ruling was erroneous, arguing that the fee did not represent an unauthorized tax and that the ruling should be stayed while the appeal proceeds. “Despite the President’s determination that their entry is harmful, more aliens are able to petition and enter the country every day,” the Department of Homeland Security said.
The White House insists the president acted within his legal jurisdiction, while the Justice Department asserted in court filings that the government has broad authority to conduct such actions under federal immigration law. This legal ambiguity leaves both H-1B applicants and employers facing uncertainty about the future.
To gain insight into the practical implications of the ruling, American Marketplace spoke with immigration attorney Gnanamookan Senthurjothi of The Visa Code about the current situation.
Senthurjothi clarified that the June 8 order was currently on hold pending a decision by the Court of Appeal on whether the stay should continue pending the appeal process, adding that the district court’s ruling invalidating the charge was not yet in effect.
Simply put, unless U.S. courts If the First Circuit declines to stay or ultimately affirm the district court’s ruling and allow its judgment to stand, the government’s position is that the $100,000 fee still applies.
$100,000 H-1B Fees and Court Decisions” Experts Intervene
Senthurjothi pointed out that previous reports stated otherwise only for a brief moment after the June 8 ruling. “The statement ‘no $100,000 fees are currently being charged’ reflects a brief attitude following the June 8 ruling but before the June 12 stay. It does not reflect the current status of the process.”
However, he acknowledged that “USCIS continues to issue RFEs at a cost of $100,000.”
“With the $100,000 H-1B fee still under judicial review, employers should prepare for uncertainty rather than assuming the fee will disappear. Companies may need to budget for the possibility that the fee will remain in place, prioritize business-critical employees, and evaluate alternatives such as cap-exempt H-1Bs, L visas, O visas, or remote workforce models. Existing green card sponsorship strategies should also remain a priority,” she told Ther American Bazaar.
In the current climate of increased scrutiny of work-related visas and unresolved immigration issues, numerous H-1B visa holders across the United States have allegedly experienced harassment, including racist comments and unwelcome attention to their business and employment status.
There are currently three lawsuits filed over $100,000 in fees related to H-1B visas.
