Background
The President issued a proclamation requiring a one hundred thousand dollar payment to accompany all H-1B visa petitions. Twenty states sued, arguing the requirement violated the Administrative Procedure Act and exceeded statutory authority. The district court granted summary judgment for the states and vacated the policy. The government sought a stay pending appeal to this Court.
The court’s reasoning
The court applied the four-factor test from Nken v. Holder to evaluate the stay motion. The court focused on the first factor, requiring a strong showing of likelihood of success on the merits. The court concluded the government failed to show that Congress clearly delegated authority to impose a one hundred thousand dollar payment under sections one thousand one hundred eighty-two and one thousand one hundred eighty-five of title eight of the United States Code. The court noted that Congress typically specifies fee collection and usage explicitly when imposing financial burdens, which was absent here. The court also rejected the government’s argument that the policy was not final agency action, citing precedent that agency implementation of presidential directives is reviewable.
What it means going forward
The district court’s order vacating the one hundred thousand dollar H-1B payment requirement remains in effect while the government pursues its appeal.