Immigration court alert: Reports show some hearings are being moved on days’ notice, and some people are never told. Missing a hearing, even by mistake, can lead to a deportation order. Check your hearing date and location now, and do not face court without a lawyer.
On June 8, U.S. District Judge Leo Sorokin in Massachusetts ruled, in a case brought by California and 19 other states, that the $100,000 payment requirement for new H-1B petitions was unlawful, calling it a tax imposed without Congress, and vacated the agency guidance that carried it out. The government appealed, and on July 24 the First Circuit denied its request to pause the ruling. USCIS says it strongly disagrees but will comply with the order, and that if the order is later lifted DHS still plans to collect the payment. Separately, on August 24 DHS proposed a rule that would charge $103,265 for each H-1B cap-subject petition, in addition to other fees, with exceptions for nonprofit research organizations, government research organizations and institutions of higher education. This is a proposal, not a final rule.
What this may mean: Employers and workers planning H-1B filings should get current advice before filing. The situation can change quickly.
Sources: USCIS: H-1B FAQ and court rulings · USCIS: DHS proposes additional H-1B fee · Federal Register proposed rule · NPR
This page provides general information about a public development in immigration law and policy. It is not legal advice, does not create an attorney-client relationship, and may be out of date. Immigration law changes quickly, and how a development applies to you depends on your facts. Links go to third-party websites that Barrie Legal does not control. Attorney Advertising. Prior results do not guarantee a similar outcome.
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