Federal Court Vacates H-1B Proclamation Fee Policy

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The U.S. District Court for the District of Massachusetts issued an order in State of California v. Mullin vacating the agency guidance that required an additional $100,000 payment for certain H-1B petitions.

The federal court struck down the surcharge policy to provide immediate relief to petitioning employers. This decision directly impacts organizations that file petitions for high-skilled foreign workers.

Court Strikes Down Fee Surcharge

The ruling addresses the federal agency guidance that mandated the substantial payment from employers. By vacating this requirement, the court has eliminated the financial barrier for organizations seeking to employ specialized talent under the H-1B program.

Our team advises employers that they are temporarily relieved from paying this substantial fee while the ruling remains in effect. This relief allows businesses to allocate resources without the burden of the additional surcharge.

Government Plans to Appeal Decision

The legal dispute is not fully resolved as administrative actions continue. The federal government expects to appeal the court’s decision in an attempt to reinstate the guidance and its associated surcharge.

An appeal could reinstate the requirements for employers. Our firm monitors all federal court decisions and fee changes affecting Form I-129 H-1B petitions to protect our clients’ interests.

Monitoring Ongoing Legal Developments

We remain dedicated to tracking the status of this litigation. Employers must stay informed about potential updates to the fee structure as the federal government pursues its appeal of the ruling.