US President Donald Trump on Friday issued a proclamation that will require a $100,000 fee for new H-1B specialty occupation worker visa applicants. The proclamation took effect on Saturday.
The proclamation additionally requires employers to acquire and keep documentation showing that the fee has been paid before filing an H-1B petition on behalf of a foreign national.
The Secretary of Homeland Security has the discretion to allow H-1B visa applicants to enter without paying the fee if he determines that hiring the applicant “is in the national interest and does not pose a threat to the security or welfare of the [US].”
The H-1B visa restriction is set to expire a year after taking effect, absent extension. Within thirty days after the completion of the upcoming H-1B lottery, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security will jointly submit their recommendation concerning whether an extension aligns with US interests.
The purpose of the proclamation is to end the alleged “systemic abuse of the [H-1B visa] program [that] has undermined both [US] economic and national security.” Trump stated that H-1B visa workers have replaced rather than supplemented lower-skilled and lower-paid American workers. He added:
Some employers…artificially suppress wages, resulting in a disadvantageous labor market for American citizens, while at the same time making it more difficult to attract and retain the highest skilled subset of temporary workers, with the largest impact seen in in critical science, technology, engineering, and math (STEM) fields… [This additionally] risks American leadership in these fields.
Trump also complained of the national security threat caused by H-1B reliant outsourcing companies committing visa fraud and other illicit activities to attract foreign workers.
The proclamation follows the Trump administration’s efforts on restricting foreign journalist visas. Earlier this month, the administration proposed a rule that, if finalized, would subject most foreign journalists to a 240 day admission and Chinese nationals to a 90 day admission, allowing them to apply for a renewal limited by the length of their assignment. The rule would replace the current regulations setting foreign journalist admission to the “duration of status,” allowing them to stay as long as they continue their job and follow the law.
