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Visa & ImmigrationOct 30, 202607:06 (PT)

California federal judge denies stay in suit challenging $100,000 H-1B fee

Key points

  • A California federal judge denied a motion to stay the lawsuit.
  • An earlier order partly granted a preliminary injunction, vacating the $100,000 fee policies and barring enforcement.
  • The government has appealed to the Ninth Circuit.

A California federal judge denied a motion by President Trump and federal agencies to stay proceedings in a case challenging the $100,000 payment requirement for certain H-1B petitions. An earlier order partly granting a preliminary injunction vacated the implementing policies and barred enforcement until agencies complete notice-and-comment rulemaking and Regulatory Flexibility Act analyses. The government has appealed to the Ninth Circuit. This is for reference only and does not constitute legal advice.

What employers should do

  1. Monitor the Ninth Circuit appeal and adjust H-1B petition cost budgets accordingly.

Policy details

Jurisdiction
Federal
Status
Enjoined by court
Effective date
—
Employers covered
Employers filing certain H-1B petitions
Official source
View official source ↗
Original report: Mealey's ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.