Policy & Ethicsregulationtalent pipelinetech employers
Department of Justice Defends $100,000 H-1B Fee
8.0
The Department of Justice on Dec. 1 filed a response and cross-motion defending the Sept. 19 presidential proclamation that imposes a $100,000 fee on entry of new H-1B visa holders, opposing the U.S. Chamber of Commerce and American Association of Universities' lawsuit. DOJ argues the president has broad authority under 8 U.S.C. §§ 1182(f) and 1185(a), cites consular nonreviewability and national-security deference, and seeks summary judgment to uphold the fee.
Key Points
- 1Files response defending Sept.19 proclamation imposing $100,000 fee on entry of new H‑1B holders
- 2Invokes presidential authority and consular nonreviewability, arguing fee fits executive immigration-entry and national-security powers
- 3Threatens hiring and AI talent pipelines, potentially raising costs for employers recruiting international graduates
Scoring Rationale
High-impact official legal defense shaping immigration hiring, limited by ongoing litigation and uncertain judicial outcome.
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