In a move that may have sweeping implications for companies relying on foreign talent, the U.S. Department of Homeland Security has proposed to increase by a huge margin the renewal fees for thousands of H-1B visas. The H-1B visa has been one of the cornerstones of Silicon Valley technology firms to bring in foreign workers with specialized skills. But controversy has clouded the visa over misuse. The proposed rule, issued on Thursday, won’t just levy the fee on renewal applications. But also on those entailing a change in job title or significant duties.
Implications of Proposed H-1B Visa Fee Expansion
The proposal would impose the fee on all renewal applications and, for the first time, on renewal applications. That involve a change in the job title or substantive duties of an employee. The proposed change would affect companies with at least 50 employees, with more than half of them on the H-1B or L-1 visa. The fee now applies only to new H-1B petitions and ones for workers seeking to switch employers.
The Department of Homeland Security said its new rule would generate about $157 million annually. The $4,000 charge, known as the “biometric” fee. In effect since 2015, and has covered the cost of an automated system. That uses facial-recognition technology to confirm the identity of non-Americans at U.S. entry and exit points.
Bay Area Perspective: H-1B Visa Utilization.
The department said it would simply be unable to continue to support its existing biometric entry operations, along with other core services, without the increase. The agency projects that the new biometric fee will apply to about 22,000 renewal requests each year. Among the companies that could see the largest fee increases are software publishers, data processors, computer systems designs, and engineering firms with relatively small employers. The public is invited to comment on the proposed rule before July 8, after which a final decision will be made.
Companies typically file initial applications for H-1B visas, which are selected in a lottery from a pool with an annual limit of 85,000 new visas. Bay Area companies had nearly 60,000 foreign citizens approved to work in the region under the H-1B visa in 2019, according to the Bay Area Council.
The H-1B visa is used to recruit high-skilled foreign workers and to staff lower-cost IT positions. Visa holders, hired instead of U.S. workers in certain instances. And the tech sector has advocated for increasing the annual cap of 85,000 visas.
Trumps Administration Fee Hike
The Trump administration moved earlier this year to raise fees for initial H-1B visa applications, or “registrations,” from $10 to $250, beginning next year. U.S. Beginning this year, Citizenship and Immigration Services raised fees on lottery-selected application from $460 to $780.
The prospect of the fee increase for H-1B visa renewals has drawn controversy. Some people contend that implementing this measure would ensure the funding of essential safety measures. And decrease frivolous use of visas. Others are concerned that it would impose an excessive burden on employers and hinder their capacity to recruit skilled foreign workers. With the public comment period now underway, the tech industry, businesses, immigrants and policymakers will be watching closely to see what the final rule prescribes.
Conclusion : implications for companies
The plan by the U.S. Department of Homeland Security to increase renewal fees for H-1B visas has sparked a lot of controversy. And, in the process, left a lot of people with questions and some uncertainties about their future. Some see it as a way of financing necessary security measures and reducing visa misuse. While others see this as one way to shift additional financial burdens onto employers. Making it difficult for them to attract international talent. The significance of the proposal for companies that depend on foreign labor, the tech industry, and immigration policy at large is huge as the public comment period progresses. The challenge ahead will be in the balancing act between the imperative of national security. And the imperative of innovation and economic growth. In the years to come.
