Washington, D.C. — A recent executive order from the White House regarding H-1B visas has created confusion among immigration attorneys and employers. The order introduces a hefty $100,000 fee for H-1B visa applicants, prompting many visa holders currently outside the United States to consider returning before the fee becomes effective.
Initial responses from legal experts indicate a scramble for clarity among immigration lawyers as they attempt to navigate the implications of this sudden change, which was unveiled late Friday. The order lacks specific details, leaving many, including employers and visa holders, with more questions than answers.
A White House representative clarified that the fee will apply only to new applicants. However, the wording in the original executive order raised concerns, as Commerce Secretary Howard Lutnick had previously suggested that current visa holders would also be affected. On social media, White House Press Secretary Karoline Leavitt confirmed that existing visa holders would not incur charges when re-entering the U.S.
Immigration attorney Jason Finkelman from Austin has been at the forefront of the chaos, noting widespread panic among employers. “There’s no concrete guidance on how to proceed,” he said, emphasizing the chaos created by vague executive actions. He added that while he advises clients to return to the U.S. promptly, the details remain murky.
Finkelman anticipates potential legal challenges against the executive order. However, he expressed concerns that recent Supreme Court rulings could complicate efforts to secure a broad injunction against the changes. He also noted that employers are questioning the payment mechanisms for the new fee and whether they would receive reimbursement if the order is overturned.
Sophie Alcorn, the founder of Alcorn Law in Palo Alto, highlighted the disparate impact of the fee on small businesses and startups. Larger companies typically have the resources to absorb this cost, while smaller firms may find it prohibitive. Alcorn described a widening gap where major corporations could attract talent while smaller organizations struggle.
Finkelman pointed out uncertainty surrounding the proposed “national interest” provision in the order that may allow some companies to avoid paying the fee. There are ongoing inquiries regarding how employers might leverage this avenue.
Employment attorney Peter Rahbar of the Rahbar Group in New York warned that even large tech companies might reconsider hiring practices due to the financial burden of the new fee. If the fee remains, companies might start relocating operations overseas to access skilled labor.
The implications of these changes extend beyond the tech industry, affecting other sectors, such as healthcare, where many workers do not command salaries near the $100,000 mark. According to a report from U.S. Citizenship and Immigration Services, healthcare professionals represented only 4% of approved H-1B petitions in the recent fiscal year.
Immigration attorney Shaun Foster from Boston remarked on the challenges presented by the sudden nature of the changes, which led to frantic questions from clients across the globe. “Current fees ranged from $2,000 to $4,000 per application, significantly less than the new charge,” he said.
Foster emphasized that, for many, this amount could severely alter employment opportunities and hurt industries reliant on international talent. He described the situation as a potential turning point for U.S. immigration policies, noting that some clients faced a race against time to return to the U.S. in light of uncertain regulations.
In summary, as uncertainty looms over the changes to the H-1B visa program, the ramifications for various sectors and workers could be profound, reflecting a significant shift in the U.S. approach to immigration and employment.
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