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Trump Administration Is Appealing Ruling on $100,000 H-1B Fee

The H-1B visa programme is a cornerstone of employment-based immigration, allowing companies in the US to hire college-educated foreign workers for specialised occupations.
Trump increased the flat 10 percent global tariff rate to 15 percent.
Trump will appeal US District Judge Leo T. Sorokin's order striking the fee down. (Shutterstock)

The Trump administration will appeal a federal judge’s order striking down a $100,000 fee for H-1B visa applications.

The Justice Department filed a notice on Thursday that it will appeal the Monday ruling, which was a major blow to the president’s campaign to restrict immigration and boost demand for US workers.

US District Judge Leo T. Sorokin in Boston sided with a group of states that sued over the policy, finding that the president’s decree dramatically increasing the cost of the popular visa is an illegal tax.

The H-1B visa programme is a cornerstone of employment-based immigration, allowing companies in the US to hire college-educated foreign workers for specialised occupations. In September, Trump signed a proclamation to increase the application fee to discourage companies from abusing a programme that he claimed displaces US workers.

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The case is one of at least three lawsuits challenging the president’s initiative. The US Chamber of Commerce and a nurse recruiting firm are pursuing two separate cases against the administration’s policy.

In December, a judge rejected the Chamber’s request to block the fee and the Chamber appealed the decision to a federal appeals court in Washington.

The case is State of California v. Mullin, 25-cv-13829, US District Court, District of Massachusetts.

By Madlin Mekelburg

Learn more:

Trump’s $100,000 H-1B Visa Fee Is Unlawful, US Judge Rules

Previous BoF analysis found hundreds of workers employed by dozens of fashion and beauty companies use the H-1B visa for skilled workers.

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