News & Insights
Immigration Attorney Diane Hernandez for HR Brew - Legislative lowdown: Judge blocks Trump’s H-1B visa fee on grounds it’s an unlawful tax
June 2026
HR Brew
Because this recent decision conflicts with the Chamber’s case, “it is likely to end up in front of an appeal court soon. So the celebrating might be short lived,” Diane Hernandez, a partner in the Denver office of law firm Hall Estill, told HR Brew via email.
“Unfortunately, since the fee requirement was implemented, it has affected companies that have had to either pay the exorbitant fee, or forgo hiring a top candidate in lieu of a less qualified one who doesn’t need sponsorship,” she added.
