The Department of Homeland Security (DHS) announced a proposed rule involving a $103,265 fee for H-1B visa applicants. This fee applies to workers subject to the annual visa cap seeking employment in the United States. The technology sector, often central in H-1B visa discussions, heavily employs foreign workers in roles like software engineering and data science. These roles constitute nearly two-thirds of all H-1B approvals, as reported by the Bipartisan Policy Center.
The proposal aims to cover federal costs related to processing and supporting lawful immigration. This includes efforts by DHS, the Department of Justice, the State Department, and the Department of Labor. Zach Kahler, a spokesperson for U.S. Citizenship and Immigration Services, emphasized that the proposed fee is designed to recover these incurred costs.
The proposed H‑1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,shared Kahler.
Previously, in June, a federal judge nullified a $100,000 fee proposed under the Trump administration. U.S. District Judge Leo Sorokin ruled it illegal to impose such a tax on visa applications, highlighting that only Congress has the authority to set immigration policies and taxes.
The new fee, unlike the earlier one, does not affect universities, hospitals, and research institutions. Companies and tech workers have 30 days to provide comments after the rule is published in the Federal Register. This publication date is slated for Tuesday.
The tech sector is closely following this development, with various implications expected for companies employing specialized foreign workers. The ongoing discussions reflect the intersection of policy and technology within critical industries.