Tag: favour

  • Judge rules in Trump’s favour over $100K H-1B visa fee hike

    Judge rules in Trump’s favour over $100K H-1B visa fee hike

    The judge ruled on December 23 that it was within the President’s powers to regulate immigration, rejecting arguments brought by the Chamber of Commerce that the proclamation exceeded Trump’s statutory authority.  

    “The parties’ vigorous debate over the ultimate wisdom of this political judgment is not within the province of the courts,” wrote the Obama-appointed judge Beryl Howell.  

    “So long as the actions dictated by the policy decision and articulated in the Proclamation fit within the confines of the law, the Proclamation must be upheld.” 

    The lawsuit is among two other cases challenging Trump’s controversial $100K fee for H-1B petitions, which the plaintiffs argued would lead companies, hospitals and other employers to cut jobs and weaken the services they provide to the public.  

    It was brought by the US Chamber of Commerce – the world’s largest business federation with roughly 300,000 members – and the Association of American Universities (AAU), which represents 69 US-based research universities. 

    Following the proclamation, the administration clarified international students changing status in the US would be exempt from the fee, though stakeholders have said it will undermine America’s leadership in education, research and innovation.  

    Zuzana Cepla Wootson, deputy director of federal policy at the Presidents’ Alliance, called the judge’s decision “deeply disappointing”. 

    “The United States must stop deterring the very talent that strengthens our classrooms, fuels our economy, and drives American innovation,” she said, urging Congress to “pursue bipartisan solutions that support US prosperity and competitiveness”.  

    The White House welcomed the ruling as a victory for American workers, vowing that Trump would continue to protect them from being replaced by “cheap, foreign labour”.

    “The $100,000 payment accompanying any new H1-B petition is a necessary and long-overdue first step to reform the H-1B visa program that has been abused at the expense of hardworking Americans,” White House spokesperson Taylor Rogers told The PIE.

    The fee, which is still being challenged by two other lawsuits, hikes the cost of an H-1B visa petition by more than 20 times the previous charge, which ranged between $2,000 and $5,000.  

    The H-1B visa program enables US employers to temporarily hire international workers in “specialty occupations” from healthcare to computer science and financial analysis. California’s tech industry is particularly reliant on the visa stream.   

    The United States must stop deterring the very talent that strengthens our classrooms, fuels our economy, and drives American innovation

    Zuzana Cepla Wootson, Presidents’ Alliance

    “The $100,000 fee makes H-1B visas cost prohibitive for businesses, especially small- and medium-sized businesses that can least afford it,” Chamber of Commerce executive vice president Daryl Joseffer said after the ruling.  

    He said the chamber was considering further legal action and underscored the positive economic benefits of the H-1B stream, which has been found to reduce unemployment rates and lead to faster wage growths for US employers, according to the National Foundation for American Policy (NFAP).  

    Howell’s ruling came the same day as the government finalised a rule to replace the random H-1B selection process with a weighted system favouring higher earners – something critics say will harm the US tech industry and dampen the country’s appeal among international students. The new process will come into effect on February 27.  

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  • DHS final rule to overhaul H-1B visa in favour of higher earners

    DHS final rule to overhaul H-1B visa in favour of higher earners

    The final rule, released by the Department of Homeland Security (DHS) on Tuesday is due to take effect on February 27, in time for the annual H-1B spring lottery. 

    It is currently under review by the Office of Management and Budget (OMB) and is set to be officially published on December 29.

    Alongside favouring “higher-skilled” and “higher-paid” workers, DHS said the change would “disincentivise abuse of the H-1B program to fill relatively lower-paid, lower-skilled positions, which is a significant problem under the present H-1B program”. 

    It is part of wider government efforts to ensure H-1B visas are issued to high earners, which saw the administration hiking the H-1B visa fee to $100,000 – a move it later clarified would not apply to F-1 students changing status within the US. 

    The drastic hike, which is up to 20 times more than what employers previously paid, has drawn three legal challenges, including one from the US Chamber of Commerce. 

    Today’s rule will come as little surprise to the sector after it was proposed in the Federal Register on September 24, with critics arguing that the change would constrain the US tech sector which they say would be moved to ramp up offshoring facilities and jobs.  

    53% of current international students say they would not have enrolled in the US if H-1B access was determined by wage levels

    NAFSA

    “There simply are not enough American computer science graduates to support the decades-long record of US innovation and economic growth. That is the wonder of the US tech sector,” Intead CEO Ben Waxman previously told The PIE. 

    “Why would the US government want to constrain that engine?” he asked.  

    What’s more, the change is likely to contribute to the declining appeal of the US among prospective international students who increasingly cite work experience and job opportunities as primary factors shaping study decisions.  

    In a recent NAFSA survey of current US international students, over half of respondents (53%) said they would not have enrolled in the first place if access to H-1B was determined by wage levels.  

    A similar proportion (54%) indicated they would never have enrolled in the US if it wasn’t for Optional Practical Training (OPT), which experts anticipate is also under threat

    The H-1B visa, popular with the likes of Amazon, Microsoft and Apple, enables US employers to temporarily employ international workers in “specialty occupations” across a wide range of industries such as healthcare, computer science and financial analysis.  

    Currently, there is an annual cap of 85,000 new H-1B visas, and when this cap is exceeded, applicants are placed into a random lottery which determines who is awarded a visa.  

    Under the new weighted system, higher earners will be entered into the selection pool more times than lower earners, ranging from one to four times.  

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