A federal judge's decision to annul President Donald Trump's contentious $100,000 H-1B filing fee has been temporarily suspended, leaving employers and foreign workers in uncertainty.
USCIS continues to issue Requests for Evidence (RFEs) related to the fee, despite ongoing legal disputes.
Immigration attorneys advise companies to budget for the possibility that the fee remains in place, prioritize business-critical hires, and evaluate alternatives such as cap-exempt H-1Bs, L visas, O visas, or remote workforce models.
The Department of Homeland Security and White House have weighed in on the issue, with the DHS claiming the fee does not represent an unauthorized tax and the White House asserting that the president operated within his legal jurisdiction.
Three lawsuits contest the $100,000 fee associated with the H-1B visa, and numerous H-1B visa holders have allegedly encountered harassment, including racist remarks and unwelcome focus on their businesses and employment situations.
