Trump set a $100,000 fee for US work visas for foreigners: pros, cons, pitfalls

US President Donald Trump has signed a decree introducing a fee of $100,000 for processing applications for a non-immigrant H-1B work visa. This is reported by UNN with reference to the White House, UNN reports.

H-1B Visa

President Donald Trump has signed a Proclamation restricting the entry into the United States of certain foreign nationals with H-1B visas as non-immigrant workers, requiring a payment of $100,000 to accompany or supplement H-1B petitions for new applications to prevent abuses that displace American workers and undermine national security.

It is noted that the proclamation restricts the entry of foreign nationals as non-immigrants to provide services in specialty occupations under the H-1B program, unless their petition is accompanied by a payment of $100,000.

It directs the Secretary of Homeland Security to limit the approval of petitions from foreign nationals currently outside the United States that are not accompanied by a payment, and allows for exceptions in individual cases if it is in the national interest. The proclamation requires employers to retain documentation of the payment transfer, with the Secretary of State verifying the payment during the petition review, and the Department of State and the Department of Homeland Security denying entry to foreign nationals who have not made the payment, and taking other necessary measures to enforce the Proclamation.

The Proclamation also requires the Department of Labor and the Department of Homeland Security to issue joint guidance on verification, enforcement, audit, and penalties, and directs the Secretary of Labor to initiate rulemaking to review prevailing wage levels for the H-1B program, and the Secretary of Homeland Security to initiate rulemaking to prioritize highly skilled, high-wage H-1B workers.

What Trump says

In his social network Truthsocial, Trump stated that "for too long, millions of illegal immigrants have entered the country, and the immigration system has been broken."

Today, we are proud to announce the release of the Trump Gold Card. The card will be available for $1 million for individuals and $2 million for legal entities. For too long, millions of illegal immigrants have entered our country, and our immigration system has been broken. It is time for the American people and American taxpayers to benefit from our legal immigration system. We expect the card to generate over $100 billion very quickly. This money will be used to reduce taxes, implement projects aimed at economic growth, and pay off our debt.

Disadvantages

Bloomberg, citing lawyers, notes that changes to Trump's H-1B visa statement, including the $100 fee, "will effectively destroy the program."

Who will pay $100,000 for a petition? Unless you want to make it an exclusive program for extremely wealthy people.

Some emphasize that "this is a senseless, terrible policy for financial services companies that makes American firms less competitive in the global talent market."

Some of these sentiments, if they come true, may be seen by this administration as an advantage, not a problem.

Senior members of the Trump administration have repeatedly warned - literally - that too many immigrants are taking jobs in America.

Legal risks

According to the publication, courts may also scrutinize the new significant fees. In particular, the $100,000 H-1B visa application fee may be overturned as "excessive."

This is because federal law allows agencies to charge enough to recover reasonable costs, and most work visa applications currently cost around $5,000. Even the most complex, such as for certain investment visas, usually cost less than $10,000 in total.

This move could also encourage tech firms and other companies that rely on foreign workers to set up offices outside the US to avoid paying the registration fee and associated hassle.

Recall

In April, US President Donald Trump boasted to reporters about an American "gold" card with his own image on the "obverse" - worth $5 million, for which one can buy a residence permit in the US.