How US Employers Responded To $100,000 Visa Fee Hike Order?

The new $100,000 H-1B visa fee hike starts today under a proclamation issued by President Trump. This modified payment requires specific petitions filed for foreign workers seeking entry to the US under the H-1B visa program.

The U.S.’s largest business lobbying group filed a lawsuit on Thursday against President Donald Trump’s $100,000 fee hike on new H-1B visas for recruiting highly skilled foreign workers, Reuters reported.

The U.S. Chamber of Commerce, representing 300,000 businesses in its lawsuit, said that Trump’s September proclamation imposing a high H-1B visa application fee goes beyond his executive power and would disrupt the complex visa system created by Congress.

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Notably, this lawsuit by the U.S. Chamber of Commerce is the group’s first action against the Trump administration since the Republican president took office for a second term in January.

THE H-1B program allows U.S. employers to recruit foreign workers in specialty fields and tech companies who receive H-1B visas. The program offers nearly 65,000 visas annually, with an additional 20,000 visas for workers with advanced degrees, approved for 3 to 6 years.

As per the Chamber, the fee hike would force businesses that rely on H-1B programs to choose between an increase in labor costs or hiring fewer high-skilled workers.

The presidential executive order to raise the H-1B visa fee by over $100,000 has left employers and visa holders confused, as the earlier guidance from US agencies failed to provide clarity on many questions. Now, the United States Citizenship and Immigration Services (USCIS) issued a clarification that the international college graduates already sponsored under the H-1B status won’t be affected by the hefty fee hike.

According to the guidance issued by the USCIS, the fee would not apply to a change of status — a case where a person changes from one category to another without leaving the country, such as an F-1 student moving to H-1B status — or seeking an extension of stay within America.

However, the petitions filed for workers outside the US or for workers who must leave the US before a petition is adjudicated will be subject to the fee.

Also, the current H-1B visa holders won’t be stopped from leaving and entering the US.

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