A federal appeals court in Boston denies a request by the Trump administration to halt a lower-court ruling blocking a proposed $100,000 fee on new H-1B visas for highly skilled foreign workers. The decision leaves in place a June ruling that finds the fee unlawful because Congress did not authorize it. The lawsuit was brought by 20 Democratic state attorneys general, who argue the administration effectively created a new tax without congressional approval. A district judge agreed, concluding the fee exceeds the authority of the executive branch. In the appeal, the government sought to revive or implement the fee while its legal challenge proceeds. The three-judge panel declined to suspend the lower court’s order, stating the government did not demonstrate a likelihood of prevailing on the merits. The case continues as the government challenges the ruling, while the injunction remains in effect preventing the fee from being imposed.
US appeals court denies bid to revive $100,000 fee on new H-1B visas
A federal appeals court in Boston denies a request by the Trump administration to halt a lower-court ruling blocking a proposed $100,000 fee on new H-1B visas for highly skilled foreign workers. The d...
- A US appeals court leaves in place a lower court order blocking a proposed $100,000 fee on new H-1B visas.
- The fee is challenged as an unlawful tax that Congress never authorized.
- The lawsuit is filed by 20 Democratic state attorneys general.
- The appeals panel declines to halt the injunction while the government’s challenge proceeds.
- The court says the government has not shown it is likely to prevail in the case.
A federal appeals court refused to lift a ruling blocking a $100,000 H-1B visa fee. The court left in place a decision finding the fee unlawful while the government challenges it. Democratic attorneys general argued the administration created a new tax without congressional approval. A district judge agreed, ruling the fee exceeded executive branch authority. The appellate panel said the government had not shown it was likely to prevail.
2 hours agoThree-judge panel of Democratic appointees let stand lower court’s ruling that fee constitutes an unlawful tax A federal appeals court on Friday rejected a bid by Donald Trump’s administration to halt a judge’s order preventing it from imposing a $100,000 fee on new H-1B visas for highly skilled foreign workers.The Boston-based first US circuit court of appeals declined to put on hold a lower court judge’s 8 June ruling in a lawsuit filed by 20 Democratic state attorneys general, striking down the fee on the basis that it constituted an unlawful tax Congress never authorized. Continue reading...
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