Trump administration proposes fee of more than $100,000 for H-1B visas
The administration of US President Donald Trump has released a proposed rule under which employers would have to pay a one-time fee of more than $100,000 for each new application for a temporary H-1B work visa for skilled foreign workers. The payment is proposed in addition to the existing fees of approximately $2,000 to $5,000; it would likely be charged regardless of whether the application is approved, France 24 English reports.
The proposal was published in the Federal Register on Tuesday, opening a 30-day public comment period. Members of the public, employers and industry groups may submit comments. It could take several months before the rule takes effect.
A second attempt to introduce the fee
In September last year, Trump had already issued a presidential proclamation on a temporary $100,000 fee for H-1B applications. In June, it was suspended after a federal judge ruled that the payment was an unlawful tax.
The previous order applied only to those filing visa applications from abroad. The new proposal, according to France 24 English, may also extend to foreigners who are already in the United States on student visas. They account for a growing share of H-1B recipients.
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Debate surrounding the program
Each year, the US government issues around 85,000 H-1B visas, of which 20,000 are reserved for applicants with advanced degrees obtained at US educational institutions. Last year, employers registered more than 344,000 applications. Every April, authorities hold a lottery to select applications.
More than half of H-1B holders work in computer-related occupations, including technical support, programming and systems analysis. About three-quarters of these workers were born in India, while slightly more than one in ten were born in China.
The technology industry is the largest employer of H-1B holders. Supporters of the program, including Elon Musk, see it as a way to attract specialists from different countries to Silicon Valley. At the same time, critics of the program from both the left and right of the political spectrum argue that employers may use these visas to hire cheaper workers whose legal status in the United States depends on their employer.
A separate regulatory proposal put forward by the Department of Labor in March provides for raising the minimum pay level for H-1B holders. In particular, the lower threshold is planned to be raised from the 17th to the 34th percentile of the prevailing wage.
