Following President Donald Trump’s proclamation on Sept. 19 of a new $100,000 fee for United States employers sponsoring H-1B visas, his administration has provided clarifications due to confusion regarding the scope of the changes.
Over the weekend, the U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and the Department of State (DoS) clarified that it is a one-time paid fee and not an annual payment, as Trump announced Friday. It will only apply to prospective H-1B petitions that are filed after the Sept. 21 deadline, not renewals, they said.
Therefore, the extra payment will not affect beneficiaries of petitions filed before Sept.21, current approved H-1B visas, or individuals holding valid visas in and outside the country.
The clarifications also confirmed that current H-1B holders can continue traveling to and from the U.S. without their employers having to pay the fee so they can reenter the U.S.
The original wording of the proclamation led to many immigration attorneys advising their H-1B clients to return to the country before Sept. 21 due to the risk of having to pay the fee.
“The agency memos significantly limit the scope of the presidential proclamation,” said immigration firm Fragomen in an alert to clients. “By its terms, the proclamation would apply to any foreign national seeking to enter the United States as an H-1B specialty occupation nonimmigrant.”
Immigration industry cautions about the future of H-1B
Reservations remain about how the change will affect industries that rely on H-1B workers, as well as international students seeking employment opportunities in the U.S. through this visa program after completing their studies.
Law firm Klasko Immigration highlighted that several key issues remain unclear, including the fee’s impact on cap-exempt institutions, changes to immigration status, employer changes for H-1Bs, national interest exemptions, and payment instructions for employers.
There is also ambiguity regarding how U.S. companies sponsoring H-1B talent will manage the increased costs associated with employing H-1B visa holders and how their hiring strategies might change as a result.
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