All articles tagged with #h 1b
A DHS proposal to tighten scrutiny of H-1B contracting and revise cap-exemption eligibility is under White House review at the Office of Information and Regulatory Affairs; once cleared, a draft will be published, with the rule aiming to impose higher costs on H-1B users, alongside a separate proposal to add a $103,265 fee for all 85,000 annual-cap H-1B hires.
The Trump administration proposed formalizing a $103,265 H-1B visa fee via the Department of Homeland Security, replacing the temporary $100,000 charge, with a 30-day public comment period as lawsuits challenge the move and presidential authority; the higher cost could deter high-skilled visa applications.
The White House and DHS have revived a proposal to charge a $103,265 fee for all new H-1B petitions, aiming to curb misuse and fund immigration agencies; after a federal judge blocked a previous six-figure fee as an unlawful tax, the plan now enters a 30-day public-comment period and faces lawsuits that warn it could deter global talent and strain hospitals and tech firms. H-1B approvals are capped at 85,000 annually (plus 20,000 for advanced degrees), with most beneficiaries from India and China, reflecting a broader push to tighten U.S. immigration policy.
Microsoft refuted claims that H-1B visas drove its Xbox layoffs, saying visa workers are a small share company-wide and the cuts are part of a broader Xbox restructuring. The plan includes separating from five studios (Double Fine and Compulsion Games becoming independent; Ninja Theory and Undead Labs being sold; Arkane under review) while id Software lost about half its headcount; 1,600 layoffs are immediate with total impacts projected around 3,200 over the next year.
A federal judge in Boston paused his June 8 order vacating the $100,000 H-1B fee as the Trump administration seeks an emergency appeal to the First Circuit; DOJ argues the fee is justified under foreign commerce and immigration powers, with related challenges pending in other courts as the case California v. Mullin advances.
A federal judge in Boston struck down the Trump administration's $100,000 H-1B visa fee, ruling the policy exceeded executive authority and violated the Administrative Procedure Act, overturning a prior ruling that had upheld the hike. The live coverage also highlights related immigration funding efforts, a new premium $750 visa interview service, and other ongoing Trump-era policy updates.
A federal judge vacated the Trump administration’s policy that imposed a $100,000 fee on H-1B visa applications, ruling it constitutes an undelegated tax and violates the Administrative Procedure Act, in a suit brought by 20 states.
A new immigration-focused report argues that the Department of Labor's rule to raise wages for H-1B workers is likely illegal, citing questions about the agency's authority and rulemaking process, with potential legal challenges and varied impacts on employers and foreign workers depending on implementation.
USCIS issued a policy memo that would require many temporary-visa holders to return to their home countries to apply for green cards through embassies or consulates, instead of adjusting status in the United States. The shift, which Ajay Bhutoria says could affect more than 1.2 million Indian-American families, risks heightened scrutiny of employment-based routes (H-1B, H-4, L-1, etc.) and broad discretionary denial of I-485 applications. After backlash, some elements were rolled back and two exemptions—"economic benefit" and "national interest"—were added, but definitions are unclear and applicants may still need to pursue abroad paths depending on circumstances.
USCIS announced the FY2027 H-1B cap initial registration will run noon ET March 4 to noon ET March 19, 2026. Employers and their representatives must use a USCIS online account to register each beneficiary electronically and pay a $215 fee per registration; organizations without an online account must create one, and both representatives and employers must wait until March 4 to enter beneficiary information and submit registrations. Selections will be communicated by March 31, 2026, and a cap-subject petition may be filed only if a beneficiary’s registration was selected. The FY2027 season introduces a weighted selection under a DHS rule to prioritize higher-skilled/higher-paid workers when registrations exceed the cap; if enough unique registrations are submitted, all properly submitted registrations may be selected. Additionally, a Sept. 19, 2025 Presidential Proclamation may require an extra $100,000 fee before filing an H-1B petition as a condition of eligibility.
Texas Gov. Greg Abbott ordered state agencies and public universities to halt H-1B visa sponsorship and launched investigations into current visa holders, proposing a hiring freeze until after next year’s legislative session. The move aligns with a broader Trump-era “America First” push and Florida’s similar stance, drawing Republican support but drawing pushback from higher-education groups who say H-1B workers are vital to teaching and research and could hurt Texas universities.
A federal judge in Washington ruled that President Trump's $100,000 fee on new H-1B workers was within his authority under the Immigration and Nationality Act, rejecting the US Chamber of Commerce's challenge that the fee exceeded legal limits and violated procedures.
Google has warned employees on US visas about significant delays in visa re-entry processing at US embassies and consulates, which can extend up to 12 months, due to enhanced social media screening and vetting procedures, urging affected staff to avoid international travel to prevent being stranded outside the US.
Recent guidance from the Trump administration states that new H-1B visa applicants, as well as those requesting amendments, changes of status, or extensions within the US, will not be subject to the $100,000 fee introduced in a White House proclamation, though the fee still applies to petitions filed outside the US or requiring departure before adjudication. The guidance aims to clarify implementation amid legal challenges and concerns from various sectors about the impact of the fee on foreign workers and US industries.
China has introduced a new talent visa to attract foreign professionals, especially those with science and technology degrees, as the US tightens H-1B visa policies with increased fees, prompting xenophobic reactions.