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Federal Judge Voids $100,000 H‑1B Fee

The ruling found the presidential levy acted as an unauthorized tax, prompting an expected appeal and leaving other new visa rules to continue reshaping who gains access to H‑1B slots.

Overview

  • A federal judge in Boston vacated the $100,000 fee on June 8, ruling the proclamation functioned as an unauthorized tax and violated the Administrative Procedure Act.
  • The White House has said it will appeal the ruling, meaning the fee could return if an appellate court or a higher court reverses the decision.
  • The administration’s other changes — notably the spring wage‑weighted H‑1B lottery that gives higher odds to better‑paid jobs — remain in place and continue to shift selection toward higher wages.
  • Employers reacted to the policy mix by sharply cutting registrations: USCIS reported about 211,000 eligible entries for the fiscal 2027 lottery, a drop of more than 38% from the prior year.
  • Regulatory and enforcement pressure continues: the Labor Department has proposed large wage floors (for example, a $162,000 minimum for entry‑level software engineers in San Francisco), and state probes and fraud allegations are testing program safeguards and adding uncertainty for workers and hiring institutions.