Skip to content
Bramble

US

Second federal judge blocks Trump's $100,000 H-1B visa fee

US District Judge Haywood Gilliam in Oakland blocked the $100,000 fee on new H-1B visas on 30 September, saying agencies skipped required rule-making. A Boston judge had blocked it in June in a separate case.

2 outlets · 0L · 1C · 1R First reported Account updated
Image: The Straits Times
Image: The Times of India

1 / 2

The story, neutrally told

On 30 September, US District Judge Haywood Gilliam in Oakland, California, blocked the $100,000 fee President Donald Trump imposed on new H-1B visas for highly skilled foreign workers. He ruled that US Citizenship and Immigration Services and the State Department did not follow required rule-making procedures before putting the fee into effect. He granted a request from a coalition of unions, employers and nonprofits, and the fee is blocked while their lawsuit proceeds.

A federal judge in Boston had blocked the fee in June in a separate case brought by 20 states, and a Boston-based appeals court declined in July to pause that decision. The Times of India names that judge as Leo Sorokin and says he found the administration exceeded its authority by imposing the charge without congressional approval. The fee was due to expire on 21 September, but Trump extended it for another year.

Trump said businesses had abused the programme and replaced American workers with cheaper foreign labour. Employers had typically paid about $2,000 to $5,000 in fees. The Department of Homeland Security moved in August to adopt a permanent fee of about $103,000, which is likely to be challenged but raises different legal issues. The US Chamber of Commerce is appealing a judge's rejection of its claim that Trump lacked authority to set the fee. The White House did not immediately comment, according to Reuters.

Every sentence links to the reporting it rests on.

Left0 outlets

No left outlet in our sources has covered this story yet.

Centre1 outlet

Framing
The Times of India frames the ruling as a legal setback for Trump and uses explainer-style sections on why the fee was imposed and what happens next, with a focus on Indian applicants.
Emphasis
The fee's scope (new applicants from abroad, not renewals or students already in the US), its effect on Indian professionals, and the uncertainty for employers.
Leaves out or plays down
Does not quote the plaintiffs' lawyers or mention the judge's appointing president.
Charged language
“legal setback”“dramatic increase”
For example
“dealing another legal setback to the administration’s attempt to sharply increase the cost of the programme” — The Times of India
“The current court rulings therefore do not amount to a cancellation of the H-1B programme.” — The Times of India

Right1 outlet

Framing
Reuters wire copy carried by the Straits Times. It leads with the ruling as the second block on the fee and gives the legal basis: skipped rule-making.
Emphasis
The judge's appointment by a Democratic president, the plaintiffs' reaction, the Chamber of Commerce appeal and the lack of a White House comment.
Leaves out or plays down
Does not name the Boston judge or his reasoning, and does not explain which applicants the fee covers.
Charged language
“unprecedented”
For example
“Gilliam, appointed by then-President Barack Obama, a Democrat, granted a request by a coalition of unions, employers and nonprofits” — The Straits Times
“Democracy Forward, a left-leaning legal group that represents the plaintiffs, applauded the ruling in a statement.” — The Straits Times