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Working legally in the United States could become much more expensive if a new proposal from the Department of Homeland Security (DHS) moves forward. The agency proposed imposing an additional fee of 103,265 dollars for certain H-1B visa applications, one of the programs most used by U.S. companies to hire specialized foreign talent.
The measure is part of a regulatory proposal that seeks to have applicants and employers cover a greater portion of the expenses related to the administration of the legal immigration system. If approved, the new charge would be added to all existing fees for this type of process.
According to the DHS, the new fee would apply to H-1B visa applications subject to the annual limit established by law, including those submitted by individuals who qualify for the exemption for advanced degrees obtained at U.S. universities.
The proposal has drawn attention due to the high cost of the fee, which would make the H-1B visa one of the most expensive within the U.S. immigration system.
What is the H-1B visa?
The H-1B visa is a non-immigrant category that allows U.S. companies to temporarily hire foreign workers to perform in specialized occupations. USCIS points out that this program is aimed at jobs that require highly specialized knowledge and, generally, a college degree or equivalent.
This visa is widely used in sectors such as technology, engineering, sciences, mathematics, health, research, and other areas that demand personnel with professional training.
H-1B petitions are usually filed by U.S. companies that wish to hire international talent when they need specialized skills to fill specific job positions.
Why do they want to charge more than 100 thousand dollars?
According to the DHS, the proposed fee seeks to recover part of the costs that the federal government assumes to administer the legal immigration system. These expenses include:
Adjudication of immigration benefits.
Fraud detection.
National security checks.
Modernization of technological systems.
Visa processing.
Operation of immigration courts.
Fee collection.
Enforcement of labor standards.
Coordination between federal agencies.
USCIS spokesperson Zach Kahler explained that the goal is for these costs to be covered by those who use the immigration programs and not by U.S. taxpayers.
How much money does the government expect to raise?
The DHS estimates that the new fee would generate approximately 8.8 billion dollars per year.
The projection is based on an estimated volume of 85,000 H-1B petitions subject to the annual limit, a figure that coincides with the maximum number of visas available under the program each year.
Who would be exempt?
The proposal establishes that the additional fee would not apply to all H-1B applications.
Certain petitions filed by the following would be excluded:
Institutions of higher education.
Non-profit research organizations.
Government research organizations.
Other categories that are not subject to the annual visa limit.
How many H-1B visas are granted each year?
U.S. legislation establishes an annual limit of 65,000 H-1B visas. In addition, there is an additional exemption of 20,000 visas for foreigners who obtained a master's degree or higher from a U.S. institution of higher education.
In total, the program provides for up to 85,000 annual spots for new applications subject to the so-called "cap" or immigration limit.
Has the 103 thousand dollar fee already gone into effect?
No. For now, it is a proposal by the Department of Homeland Security and still must go through the corresponding regulatory process before becoming a final rule.
However, if approved in the terms proposed, the new charge would represent one of the most significant changes for companies that rely on specialized foreign workers and could significantly raise the cost of hiring international talent in the United States.
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