The Department of Homeland Security (DHS) has proposed a new rule concerning H-1B visas. This rule would impose a fee of $103,265 on workers seeking employment in the U.S. under the annual statutory cap.
The tech industry frequently discusses the role of H-1B visas. These visas allow U.S. companies to hire foreign workers for specialized, high-skill roles. According to the Bipartisan Policy Center, nearly two-thirds of all H-1B approvals are for computer-related positions, such as software engineering, data science, and IT support.
DHS’s notice indicates the fee would cover the federal government’s costs of managing the immigration system. This includes activities by DHS, the Department of Justice, the Department of State, and the Department of Labor. Zach Kahler from U.S. Citizenship and Immigration Services stated that the proposed fee aims to offset federal costs to adjudicate and support lawful immigration programs.
This proposal follows a recent court decision. In June, a federal judge struck down a previous $100,000 fee proposal under the Trump administration, ruling it unlawful since only Congress can impose taxes and set immigration policies. The earlier proposal included universities, hospitals, and research institutions, but these groups will not be affected by the new rule.
The new fee proposal will be open for public comments for 30 days post-publication in the Federal Register. Publication is scheduled for Tuesday.
The Hill reports further developments in this area.
In other tech policy news, Alabama Attorney General Steve Marshall has subpoenaed OpenAI regarding a multistate investigation. This investigation seeks to determine if OpenAI violated Alabama’s Deceptive Trade Practices Act.
Additionally, Paramount and the California Attorney General have canceled a meeting over issues related to a planned merger with Warner Bros. Discovery. Meanwhile, Lee Zeldin from the Environmental Protection Agency warns against banning data centers in the U.S., emphasizing the need to stay competitive in AI development against China.
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