Source : INDIA TODAY NEWS
The US Department of Homeland Security has proposed an additional fee of USD 103,265 for all H-1B visa cap-subject applications, including those filed by people eligible under the advanced degree exemption. The proposal comes a month after a federal appeals court rejected a plea to stay a district judge’s order that overturned the Trump administration’s plan to charge a USD 100,000 fee on H-1B visa applications.
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The proposed charge would be levied separately from the existing H-1B petition fee and would apply only to cap-subject petitions. The department has invited public comments over the next 30 days, after which it will publish a final rule.
Under current law, the US Congress limits the H-1B visa programme to 65,000 visas a year under the regular cap. An additional 20,000 visas are available for foreign workers who have obtained a master’s degree or higher from a US institution, commonly called the master’s cap.
According to a notice published in the Federal Register, “DHS proposes to implement the USD 103,265 amount as a separate, additional H-1B fee rather than combining it with the existing H-1B petition fee.” The department said the fee would apply only to H-1B cap-subject petitions, including those eligible for the advanced degree exemption, and not to cap-exempt filings.
DHS said the additional fee would not apply to H-1B petitions that are not subject to the cap, such as those filed by certain nonprofit research organisations, governmental research bodies, and institutions of higher education. It also said the proposed fee is specifically meant to recover the interagency costs described in the rule, and that keeping it as a standalone fee would help in tracking, allocation, and reporting of the related revenue.
The proposed fee would be paid at the time of filing and would be charged in addition to all other applicable fees or payments. DHS estimates the proposal would generate about USD 8.8 billion a year, based on a projected annual volume of 85,000 H-1B cap-subject petitions.
“The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programmes that otherwise must be funded by taxpayers,” US Citizenship and Immigration Services spokesperson Zach Kahler said.
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations requiring theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries such as India and China.
Reacting to the proposal, US-based immigration attorney Emily Neumann said, “Same number. New wrapper. Same playbook. Throw enough things at the wall to restrict legal immigration and eventually something might stick (this won’t).” Todd Schulte, president of FWD.us, a bipartisan advocacy organisation that lobbies for changes in immigration and criminal justice policies, said the proposed move could hurt the US’ ability to attract and retain skilled workers from around the world.
In sum, the US has proposed a new standalone fee of USD 103,265 for H-1B cap-subject applications, while exempting cap-free filings, and has opened the proposal for public comment before issuing a final rule.
With PTI Inputs
– Ends
SOURCE :- TIMES OF INDIA
