Second Judge Blocks Trump's $100,000 H-1B Visa Fee

A second federal judge has blocked President Trump's $100,000 fee imposed on new H-1B visas for highly skilled foreign workers. U.S. District Judge Haywood Gilliam in Oakland, California, ruled on Wednesday that U.S. Citizenship and Immigration Services and the State Department did not follow required rule-making processes before implementing the fee.

Gilliam, appointed by then-President Barack Obama, granted a request from a coalition of unions, employers, and nonprofits to halt the fee's implementation while their lawsuit is pending. This ruling follows a similar temporary block issued in June by a federal judge in Boston in a separate case brought by 20 states.

The Department of Homeland Security had planned to make the fee permanent with an approximate cost of $103,000, a move that would likely face further legal challenges based on different grounds than the current lawsuits, which focus on the president's unilateral authority to set such a fee.

The $100,000 fee was initially set to expire on September 21, but Trump recently extended it for another year. The White House did not immediately comment on the ruling.

Democracy Forward, a legal group representing the plaintiffs, praised the decision. "Today’s decision... protects a system that was thrown into chaos overnight," said Steve Bressler, a lawyer with the group.

The U.S. Chamber of Commerce, the nation's largest business lobbying group, has also filed a lawsuit challenging the fee, though an earlier judge rejected its claim that Trump lacked the authority to impose it. The chamber is appealing that decision.

The H-1B program enables U.S. employers to hire foreign workers with expertise in specialized fields, and it is heavily utilized by technology companies. The program offers 65,000 visas annually, with an additional 20,000 for workers with advanced degrees, typically for periods of three to six years.

Trump's order significantly increased the cost of obtaining H-1B visas, which previously ranged from about $2,000 to $5,000 in fees. In implementing the fee, Trump cited federal immigration law, asserting the president's power to restrict entry of foreign nationals deemed detrimental to U.S. interests. He argued that businesses had abused the H-1B program by replacing American workers with cheaper foreign labor.

The Trump administration has also intensified vetting for H-1B applicants and proposed a new selection process that would prioritize higher-skilled and better-paid workers.