By Madeleine NgoLauren Hirsch and Pranav Baskar | New York Times
Wall Street banks and tech companies big and small were scrambling on Saturday to figure out how their tens of thousands of employees would be affected by President Trump’s proclamation imposing a $100,000 fee for visas granted to skilled foreign workers.
The change set off immediate confusion over the exact rules and how they would be enforced. Shortly after Mr. Trump signed the proclamation on Friday, employees at Microsoft, Amazon and JPMorgan received notices advising those with H-1B visas who were outside the United States to return before the new rules take effect at 12:01 a.m. Eastern time on Sunday.
The Trump administration sought to address the confusion on Saturday by saying that the fee would only apply to new applicants, and renewals or current visa holders would not be affected. In a post on social media, the White House said the change would “not impact the ability of any current visa holder to travel to/from the U.S.”
“Each year the government approves 85,000 H-1B visas for high skilled foreign workers with college degrees, and another 20,000 for those with master’s degrees or higher. There are an estimated 700K workers in H-1B status in the United States at this time. The White House’s announcement adding a $100,000 surcharge to the H-1B application process is a cost that the US based employer will have to bear and could take a chilling effect on the entire H-1B regimen.
We believe there will be lawsuits filed immediately challenging the scope and constitutionality of this executive order, but for the meantime, employers need to be aware of this new fee increase, and H-1B visa holders should consult with an immigration attorney prior to filing any new application, or traveling outside the country, while this situation continues to develop.”
– Darius Amiri, chairman of Rose Law Group’s immigration law department
