A federal judge in California has become the second judge to block President Trump’s $100,000 fee on new H-1B visas for highly skilled foreign workers. Judge Haywood Gilliam ruled that U.S. immigration agencies failed to follow required rulemaking procedures before implementing the fee.
The decision temporarily prevents the government from enforcing the fee while a lawsuit brought by unions, employers, and nonprofit organizations moves forward. The ruling follows a similar decision by a federal judge in Massachusetts earlier this year, which was later upheld by an appeals court.
Although the Trump administration has moved to establish a permanent H-1B visa fee of roughly $103,000 through a formal regulatory process, that proposal is expected to face separate legal challenges. Current lawsuits focus on whether the president had the authority to impose the original fee unilaterally.
Business groups and immigrant advocacy organizations argue that the fee would disrupt hiring and make it significantly harder for U.S. employers, particularly in the technology sector, to recruit highly skilled foreign workers. The H-1B program currently provides 65,000 visas each year, plus an additional 20,000 for applicants with advanced degrees.