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Second Federal Judge Blocks Trump’s $100,000 H‑1B Fee

The injunction stops agency enforcement because courts found USCIS and the State Department skipped the required notice-and-comment rulemaking.

Overview

  • A federal judge in Oakland, Haywood S. Gilliam Jr., issued the injunction on Sept. 30, blocking implementation of the $100,000 charge while a coalition’s lawsuit proceeds.
  • The order bars U.S. Citizenship and Immigration Services and related agency actions, and it prevents Customs and Border Protection from enforcing guidance tied to the fee.
  • This is the second federal court order to halt the charge following a separate June injunction in Boston, and an appeals court earlier declined to lift that block.
  • Separately, the Department of Homeland Security is pursuing a roughly $103,000 permanent fee through formal rulemaking and the U.S. Chamber of Commerce is pursuing its own appeals.
  • The fee targeted certain new H‑1B entrants arriving from abroad rather than renewals, so the rulings remove an immediate extra cost threat for employers and new hires but leave long-term outcomes dependent on appeals and the DHS rulemaking.