1 week ago
Trump Administration Proposes Permanent $103,265 H-1B Visa Fee
The United States wants to make a special work visa much more expensive.
This visa is called an H-1B visa and is used by skilled workers from other countries.
The proposed fee would be $103,265 for some new applications.
President Donald Trump first introduced a $100,000 fee last year.
A judge said the earlier fee was illegal, while the administration says the president had authority to impose it.
The new proposal will be open for public comments for 30 days.
Officials could make the rule final by the end of the year.
Companies say they need these workers because some jobs do not have enough qualified American applicants.
Critics say some companies use the program to replace American workers with cheaper foreign labor.
The Department of Homeland Security proposed a $103,265 fee for new H-1B visas.
The proposal would formalize a fee President Donald Trump first imposed at $100,000 last year.
Courts have blocked or challenged the earlier fee, with one judge ruling it an unauthorized tax.
The proposal opens a 30-day public comment period and could be finalized by year-end.
Business groups say H-1B visas address worker shortages, while critics argue companies use them to replace Americans with cheaper labor.
- Who
- The United States Department of Homeland Security, President Donald Trump's administration, employers, foreign skilled workers, business groups, unions and Democratic-led states.
- What
- The Department of Homeland Security proposed a $103,265 fee for new H-1B visas and seeks to formalize the earlier $100,000 fee.
- Where
- The United States.
- When
- The proposal was posted in the Federal Register on Monday and is subject to a 30-day comment period; it could be finalized by the end of the year.
- Why
- The administration says the president can restrict entry under federal immigration law; critics argue the fee exceeds executive authority and was not authorized by Congress.
Critics and Challengers
Administration and Business Supporters
Need for the program
Critics and Challengers
Critics, including President Trump and other H-1B opponents, say companies abuse the program to replace American workers with cheaper foreign labor.
Administration and Business Supporters
Business groups and companies say the program helps address shortages of qualified American workers and lets employers recruit highly skilled talent.
Legal authority
Critics and Challengers
The U.S. Chamber of Commerce, Democratic-led states, unions and employers argue that immigration law does not permit the president or Homeland Security Department to override the H-1B statute or impose revenue-generating fees without Congress.
Administration and Business Supporters
The Trump administration says the fee is not a traditional tax and that courts have limited authority to question the president's power to restrict entry into the country.
Effect of the fee
Critics and Challengers
Opponents challenge the fee in court and argue that its size and legal basis make it unlawful.
Administration and Business Supporters
The administration is seeking to turn the earlier temporary measure into a formal rule, alongside enhanced applicant vetting and a proposed selection process favoring higher-skilled and better-paid workers.
Key facts
- Proposed fee
- $103,265 for certain new H-1B visas
- Earlier fee
- $100,000, imposed by President Donald Trump last year
- Typical previous fees
- About $2,000 to $5,000
- Public comment period
- 30 days
- Possible finalization
- By the end of the year
- Annual visa allocation
- 65,000 visas, plus 20,000 for workers with advanced degrees
- Visa duration
- Three to six years
- Applications affected by earlier fee
- About 70 employers paid the fee for 85 applications as of late February
Sources
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