California Federal Judge Vacates Agencies’ H-1B Fee Policies, Bars Enforcement

( October 5, 2026, 2:06 PM EDT) -- SAN FRANCISCO — Finding that a group of employers, labor unions and foreign workers would likely succeed on claims that federal agencies skipped required rulemaking and threatened employers’ ability to retain and hire workers by implementing a proclamation issued by President Donald J. Trump that conditions certain H-1B visas on employers making a $100,000 payment to the federal government, a California federal judge partially granted a preliminary injunction and vacated the policies guiding the proclamation’s implementation and barring enforcement of the policies until the agencies conduct notice and comment rulemaking and required analyses under the Regulatory Flexibility Act (RFA)....