A US federal judge in California has blocked the Trump administration from enforcing a $100,000 fee on new H-1B visas for highly skilled foreign workers, marking the second federal court ruling against the fee.
US District Judge Haywood Gilliam in Oakland ruled that US Citizenship and Immigration Services (USCIS) and the State Department did not follow the required rule-making procedures before introducing the charge. The ruling temporarily prevents the agencies from implementing the fee while the lawsuit continues.
The case was brought by a coalition of unions, employers and nonprofit organizations, which argued that the government should have followed the notice-and-comment process required under US administrative law. Judge Gilliam granted their request to block enforcement.
The latest ruling follows an earlier decision by a federal judge in Boston, who also blocked the $100,000 fee in June. That case was brought by 20 US states, and a federal appeals court later declined to pause the decision.
The H-1B program allows US employers to hire foreign professionals for specialized occupations, with technology companies among its major users. The program provides 65,000 regular visas annually, plus 20,000 for workers with advanced US degrees.
News as Reported.
