U.S. District Court Rules on the $100,000 H-1B Fee

"The President had no power or delegated authority to impose a tax on H-1B petitions."

That's U.S. District Judge Leo Sorokin, this morning, vacating the $100,000 H-1B fee. Not a regulatory fee. Not a filing fee. An unlawful executive-imposed levy. The court was unambiguous.

The government may appeal. But the presidential proclamation creating this fee is set to sunset in September, and given the litigation and industry opposition it generated, the administration will hopefully simply let it expire rather than fight to extend it. Today's ruling just accelerates the inevitable.

Good day for employers. Better day for the rule of law.