Judge Blocks $100K H-1B Visa Fee; Appeal Filed by Administration
A Boston judge ruled the $100,000 H-1B visa fee unlawful; the government appealed.
Why it matters: The ruling affects cost and compliance for companies reliant on H-1B workers amid legal uncertainty.
- In September 2023, a rule raising the H-1B fee from $215 to $100,000 was issued.
- On June 8, 2024, Judge Leo Sorokin blocked the fee for violating the Administrative Procedure Act.
- The administration filed an appeal on June 11, 2024, seeking to reinstate the fee.
- By mid-February 2024, 85 applicants had paid the $100,000 fee, generating $8.5 million revenue.
In September 2023, the Department of Homeland Security implemented a rule increasing the H-1B visa application fee from $215 to $100,000 as part of efforts to restrict certain foreign worker admissions.
On June 8, 2024, U.S. District Judge Leo Sorokin in Boston issued a ruling blocking this fee. The court found that the fee constituted an unlawful tax on H-1B petitions without Congressional authorization, violating the Administrative Procedure Act, which governs federal agency rulemaking.
The federal government filed an appeal on June 11, 2024, urging the appellate court to reinstate the fee. A statement from White House spokeswoman Taylor Rogers emphasized the administration's authority to regulate immigration policies, but the ruling’s focus remains on procedural grounds rather than policy merits.
The H-1B program annually issues 85,000 visas, facilitating entry for specialized workers. According to court filings, by mid-February 2024, only 85 applicants had paid the increased $100,000 fee, generating approximately $8.5 million in revenue. This low uptake indicates the fee’s potential dampening effect on filings.
The ongoing litigation creates cost and compliance challenges for companies and their legal teams. The outcome of the appeal will determine whether the $100,000 fee remains in effect or is permanently blocked, affecting future visa application strategies.
For primary documents, see the Boston District Court ruling and the appeals docket. Independent analysis is available from National Law Review.
By the numbers:
- $100,000 — new H-1B visa application fee set in September 2023
- 85 — applicants who paid the $100K fee by mid-February 2024
- $8.5 million — revenue generated from $100K fees as of February 2024
Yes, but: While the administration asserts legal authority to impose the fee, the court’s opinion centers on procedural legality, not immigration policy substance.
What's next: The appeals court is expected to hear the case later in 2024, which will clarify the fee’s future status.