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Visa & ImmigrationNov 14, 202607:39 (PT)

Cato Institute files amicus brief in First Circuit case over $100,000 H-1B visa fee

Key points

  • Cato Institute filed an amicus brief in the First Circuit
  • It backs California and other states challenging the $100,000 H-1B fee
  • A district court invalidated the fee; a second federal district court later invalidated it on other grounds

On Thursday, the Cato Institute and the author filed an amicus brief in the US Court of Appeals for the First Circuit, backing California and other states challenging the Trump administration's $100,000 fee on H-1B applications. The district court invalidated the fee, finding the executive usurped Congress's taxing power. A second federal district court later invalidated it on other grounds.

What employers should do

  1. Monitor the First Circuit's review to see whether the fee continues to apply
  2. Keep a contingency plan for the H-1B fee in hiring budgets

Policy details

Jurisdiction
Federal
Status
Enforcement action
Effective date
—
Employers covered
Employers filing H-1B visa applications
Official source
View official source ↗
Original report: Reason Magazine ↗AI-assisted brief; may contain inaccuracies. Rely on the original reports and official documents. For information only; not legal, immigration or insurance advice.