Tag: Fee

  • Data: who’ll be worst affected by England’s international fee levy?

    Data: who’ll be worst affected by England’s international fee levy?

    Long-awaited details of the mooted levy on international students at English universities – due to take effect in 2028 – were released with Rachel Reeves’ Budget earlier this week to a largely negative reaction from international education stakeholders.

    Instead of the expected 6% tax on international student income suggested in the immigration white paper, the Treasury is instead consulting on a £925-per-international-student flat fee.

    However, under the proposals, each provider will receive an allowance covering their first 220 international students each year – meaning that many small or specialist institutions will be spared the tax.

    But larger institutions with higher numbers of international students will bear the brunt of the levy.

    HESA data from the 2023/24 academic year – the most recently available figures – gives an indication of which providers could be worst hit by the levy, although enrolment numbers may have changed since then and could shift dramatically before the policy finally comes into effect.

    London is the region set to be most impacted by the levy, with England’s capital welcoming the most international students. Meanwhile, the North East had the fewest.

    Here’s our round up of the top five institutions that risk losing out the most.

    University College London (UCL)

    Of the 614,000 international students at English institutions in the 2023/24 academic year, UCL was home to the largest amount, at 27,695.

    Under the proposals, if UCL had the same number of international students under the levy, it would be liable to pay over £25 million.

    The University of Manchester

    Coming in second is the University of Manchester, which had 19,475 international students in 2023/24. This would mean it would have to pay almost £18m under the levy proposals.

    The University of Hertfordshire

    In third place is the University of Hertfordshire, with 19,235 international students in 2023/24 – a levy amount of just over £17.5m.

    Kings College London

    Up next is Kings College London, with 15,850 international students, meaning it would be taxed a little under £14.5m

    The University of Leeds

    Another large metropolitan university set to be hit hard by the levy is the University of Leeds, with 15,605 international students. If enrolments numbers stay the same into 2028, it could face costs of over £14.2m.

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  • England’s international fee levy under fire after details revealed

    England’s international fee levy under fire after details revealed

    Critics of the policy – now subject to consultation – say the levy will only heap more pressure onto an already creaking higher education network. At present, only England’s universities will be subject to the charge, as the Office for Students, which will manage the charge, only regulates English institutions.

    Official modelling predicts that the change, set to come in from August 2025, will cost universities an annual £330 million. However, under the proposals, each provider will receive an annual allowance to cover their first 220 international students – a move that’s made smaller and specialist institutions breathe a sigh of relief.

    But for larger universities with high numbers of international students, the picture isn’t so rosy.

    Gary Davies, pro vice-chancellor of London Metropolitan University, told The PIE News the levy would have a detrimental effect on his institution despite being brought in as a flat fee.

    “For us the levy means a cut in funding for the very students the levy proposes to support. It will impact what we can offer in relation to student hardship, careers advice, scholarships for underrepresented students,” he said.

    Diana Beech, director of the Finsbury Institute at City St George’s, said the details of the policy had been “buried in the Treasury’s Red Book” – largely dodging coverage by the mainstream media.

    “This begs the question: why undermine one of the UK’s strongest export sectors without even gaining political credit for it – whether that’s by framing the levy as a tough stance on immigration or as a much-needed boost for disadvantaged students,” she asked.

    “By going about this policy in such a hush-hush way, the levy will simply tax legitimate, highly skilled migration under the radar and heap further pressure on universities already in financial distress. Worse still, fixing it as a flat £925 fee per student risks hitting those institutions least able to absorb the cost, given the lack of price elasticity outside the elite end of the sector.”

    Why undermine one of the UK’s strongest export sectors without even gaining political credit for it?
    Diana Beech, City St George’s

    University Alliance CEO Vanessa Wilson warned the levy risked “denting [the] success story” of UK international education – even if the cash raised would go towards a goo cause like domestic maintenance grants.”

    Wilson said the move would hit universities hard, and pressed for a full assessment of the levy’s effects on higher education institutions before its proposed implementation in 2028.

    “Alongside this, the government must explore further ways to soften the blow for professional and technical universities, such as cutting costly regulation and reviewing their participation in the Teachers’ Pension Scheme, which some universities are legally obliged to offer at increasingly expensive contribution rates,” she added. 

    Malcolm Press, president of Universities UK, pointed out that the UK’s international fees are already high. As a result of the proposed levy, he predicted, English universities would either have to reduce cross-subsidies that support teaching and research, or raise international fees further – which could drive down international student numbers and therefore force institutions to reduce domestic places.

    The irony of the levy – which will be used to fund maintenance grants for disadvantaged British students – actually reducing places for home students has been raised before. An analysis by the think tank Public First predicted the levy could shrink domestic places by 135,000.

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  • What college leaders should know about the $100K H-1B visa fee

    What college leaders should know about the $100K H-1B visa fee

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    President Donald Trump caught the higher education world by surprise on Sept. 19, when he signed a proclamation announcing a new $100,000 fee for H-1B visas. Before the new policy, employers paid between $2,000 and $5,000 for new H-1B petitions, according to the American Immigration Council. 

    Colleges, especially large research universities, rely on H-1B visas to recruit foreign faculty, scholars and researchers. Stanford University, the University of Michigan and Columbia University all employed over 200 workers through H-1B visas in fiscal 2025. 

    The new fee could impede colleges’ ability to recruit those workers — potentially curtailing research, slowing scientific innovation and even leading to reduced course offerings for students, according to higher education experts. 

    “There’s no doubt that it will deter global talent that is not in the U.S.,” Miriam Feldblum, president and CEO of the Presidents’ Alliance on Higher Education and Immigration. “We lose the benefit of their skills, expertise and talent. It is not only a loss for them, it is just clearly a loss for campuses and other employers.”

    Higher education and legal experts are still trying to understand some elements of the new policy, such as if colleges and other employers can secure exemptions to the $100,000 fee for workers they’d like to sponsor. However, they shared insights about who the policy impacts, what could change in the future and how colleges can navigate this moment. 

    Which workers are impacted by the $100,000 fee? 

    When the Trump administration first rolled out the policy, confusion abounded about which types of workers would trigger the fee. That’s in part because U.S. Commerce Secretary Howard Lutnick initially said the fee would be paid annually, according to Reuters. 

    But a day after the policy’s rollout, White House Press Secretary Karoline Leavitt walked back Lutnick’s remarks and said on social media that it would be a one-time free for new petitions only. Since then, the Trump administration has provided guidance further narrowing the policy’s impact. 

    U.S. Citizenship and Immigration and Services said in October that the fee would not apply to someone already in the U.S. that is requesting a change of status. According to Joshua Wildes, associate attorney at immigration law firm Wildes & Weinberg, that means that students on F-1 and J-1 visas may not be subject to the fee if they are in the U.S. and are seeking to switch to H-1B status. 

    However, they would have to stay within the U.S. until they secure H-1B status to avoid incurring the fee. 

    “They’re going to have to decide whether or not they are willing to stay put in the U.S.,” Wildes said. That could include forgoing traveling to see their families or taking vacation outside of the country, Wildes said. 

    Those who already have H-1B visas, however, can travel outside the U.S. and return without triggering the fee. 

    Even with the latest guidance, colleges are still reeling from the new policy, as it still applies to new petitions for workers who are outside of the U.S.

    No institution wants to pay the fee, “regardless of how small or big you are,” Wildes said. “The smaller ones that don’t have the funds, they simply cannot afford it. The bigger ones that do have the funds, they don’t want to do it because it’s a lot of money.”

    The guidance said the U.S. secretary for the Department of Homeland Security could grant exemptions to the fee for certain workers, though it added they will be “extraordinarily rare.” 

    To qualify, the secretary would have to determine a worker “is in the national interest,” doesn’t pose a security risk to the U.S. and that no American citizen is able to perform the role they would be brought in to fill. The secretary would also have to determine if requiring the new H-1B fee from the sponsoring employer would “significantly undermine” the nation’s interest.

    USCIS on Thursday referred Higher Ed Dive to the proclamation and existing guidance when asked for details about which workers would qualify for these exceptions. It added that those requests are handled by DHS and not USCIS. 

    Will the $100,000 fee stay in place for the higher education sector? 

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  • Rural teacher shortages could get worse thanks to Trump’s visa fee

    Rural teacher shortages could get worse thanks to Trump’s visa fee

    by Ariel Gilreath, The Hechinger Report
    November 7, 2025

    HALIFAX COUNTY, N.C. — When Ivy McFarland first traveled from her native Honduras to teach elementary Spanish in North Carolina, she spent a week in Chapel Hill for orientation. By the end of that week, McFarland realized the college town on the outskirts of Raleigh was nowhere near where she’d actually be teaching.

    On the car ride to her school district, the city faded into the suburbs. Those suburbs turned into farmland. The farmland stretched into more farmland, until, two hours later, she made it to her new home in rural Halifax County.

    “I was like, ‘Oh my God, this is far,’” McFarland said. “It was shocking when I got here, and then I felt like I wanted to go back home.”

    Nine years later, she’s come to think of Halifax County as home.

    In this stretch of rural North Carolina, teachers hail from around the globe: Jamaica, the Philippines, Honduras, Guyana. Of the 17 teachers who work at Everetts Elementary School in the Halifax County school district, two are from the United States. 

    In this rural school district surrounded by rural school districts, recruiting teachers has become a nearly impossible task. With few educators applying for jobs, schools like Everetts Elementary have relied on international teachers to fill the void. Districtwide, 101 of 156 educators are international. 

    “We’ve tried recruiting locally, and it just has not worked for us,” said Carolyn Mitchell, executive director of human resources in the eastern North Carolina district of about 2,100 students. “Halifax is a rural area, and a lot of people just don’t want to work in rural areas. If they’re not people who are from here and want to return, it’s challenging.” 

    Around the country, many rural schools are contending with a shortage of teacher applicants that has ballooned into a crisis in recent years. Fewer students are enrolling in teacher training programs, leading to a shrinking pipeline that’s made filling vacancies one of the most challenging problems for school leaders to solve in districts with smaller tax bases and fewer resources than their suburban and urban peers. In certain grade levels and subject areas — like math and special education positions — the challenge is particularly acute. Now, some of the levers rural schools have used to boost their teacher recruitment efforts are also disappearing.

    This spring, the federal Department of Education eliminated teacher residency and training grants for rural schools. In September, President Donald Trump announced a $100,000 fee on new H-1B visa applications — visas hundreds of schools like Everetts Elementary use to hire international teachers for hard-to-staff positions — saying industries were using the visas to replace American workers with “lower-paid, lower-skilled labor.” A lawsuit filed by a coalition of education, union, nonprofit and other groups is challenging the fee, citing teacher shortages. Rural schools are also bracing for more cuts to federal funding next year.

    “We’re not only talking about a recruitment and retention problem. We’re talking about the collapse of the rural teacher workforce,” said Melissa Sadorf, executive director of the National Rural Education Association.

    Related: Become a lifelong learner. Subscribe to our free weekly newsletter featuring the most important stories in education. 

    Most of Halifax’s international teachers arrive on H-1B visas, which allow them to work in the U.S. for about five years with the possibility of a green card at the end of that period. About one-third of the district’s international teachers have J-1 visas, which let them work in the country for three years with the possibility of renewing it for two more. At the end of those five years, educators on J-1 visas are required to return to their home countries.

    A few years ago, Halifax County Schools decided to shift from hiring teachers on J-1 visas in favor of H-1B, hoping it would reduce teacher turnover and keep educators in their classrooms for longer. The results have been mixed, Mitchell said, because within a few years, some of their teachers ended up transferring to bigger, higher-paying districts anyway. 

    There are trade-offs for the teachers, too. Mishcah Knight came to the U.S. from Jamaica both to expand her skills and increase her pay as an educator. In the rural North Carolina county, finding transportation has been the biggest challenge for Knight, who teaches second grade. 

    She lacks a credit history needed to buy a car, leaving her reliant on carpooling to work. A single taxi driver serves the area, which doesn’t have public transit, Uber or Lyft. “Sometimes, he’s in Virginia,” Knight said. “It’s lucky when we actually get him to take us somewhere.”

    Being away from family also takes its toll on teachers. Nar Bell Dizon, who has taught music at Everetts Elementary since 2023, had to leave his wife and son back home in the Philippines. He visits in the summer, but during the school year, he sees them only through video calls. 

    “This is what life is — not everything is smooth,” Dizon said. “There will always be struggles and sacrifices.”

    Dizon’s first year in Everetts Elementary School was hard — it took time adapting to a different teaching style and classroom management. Now that he’s in his third year, he feels like he’s gotten his feet beneath him. 

    “When you can build a rapport with your students, things become easier,” Dizon said.

    When her international teachers are able to stay for longer, the students perform better, said Chastity Kinsey, principal of Everetts Elementary. “I know the benefit the teachers bring to the classroom,” Kinsey said. “After the first year or two, they normally take off like rock stars.” 

    Related: Trump’s cuts to teacher training leave rural school districts, aspiring educators in the lurch 

    Trump’s new fee does not address any of the challenges the Halifax district had with the H-1B visa, and it effectively slams the door on future hires. Now, the district will have to rely on J-1 visas to recruit new international teachers, meaning the educators will have to leave just as they’ve acclimated to their classrooms.

    “We just can’t afford to,” Mitchell said of paying the $100,000 fee. Other districts, she said, might turn to waivers allowing them to increase class sizes and hire fewer teachers, among other strategies.

    Since the applicant pool began drying up about a decade ago, the make-up of the district’s teaching staff has slowly shifted to international teachers. 

    At the heart of the problem is that when a position opens up, few, if any, citizens apply, said Katina Lynch, principal of Aurelian Springs Institute of Global Learning, an elementary school in Halifax County. 

    When Lynch had to hire a new fourth grade teacher this summer, she received three applications: Only one was a licensed teacher from the U.S.

    Nationally, about 1 in 8 teaching positions are either vacant or filled by teachers who are not certified for the position, according to data from the nonprofit Learning Policy Institute, published in July. In addition to fewer college students graduating with degrees in education, diminished public perception of the teaching profession and political polarization of schools are to blame, school leaders said. In some states, the growth of charter and private school options has made competing for teachers even harder. On top of a widening pay gap between rural and urban districts, it’s a perfect storm for schools in more remote parts of the country, said Sadorf.

    In rural Bunker Hill, Illinois, where more than 500 students attend two schools, some positions have gone unfilled for years. “We’ve posted for a school psychologist for years, never had anybody apply. We posted for a special ed teacher — have not had anybody apply. We’ve posted for a high school math teacher two years in a row,” said Superintendent Todd Dugan. “No applicants.”

    As a result, students often end up with a long-term substitute or an unlicensed student teacher. 

    When teachers do arrive in the district, Dugan works hard to try to get them to stick around. He pairs new teachers with experienced mentors, and uses federal funding to help those who want master’s degrees to afford them. 

    He also formed a calendar committee to give teachers input on which days they get off during the year. “More than pay, having at least a little bit of involvement, control and say in your work environment will cause people to stay,” said Dugan. It seems to be working: Bunker Hill’s teacher retention rate is more than 92 percent. 

    Related: Schools confront a new reality: They can’t count on federal money 

    Schools across the country face the same challenges to varying degrees. Several years ago, the Everett Area School District in southern Pennsylvania would receive 30 to 50 applications for a given position at its elementary schools, Superintendent Dave Burkett said. Now, they’re lucky if they get three or four.

    Last year, the district learned that a middle school science teacher would retire that summer. Just three people applied for the opening, and only one was certified for the role.

    “We offered the job before that person even left the building,” Burkett said. The candidate accepted it, but when it was time to fill out paperwork that summer, the teacher had taken a different job in a bigger district.

    One way Burkett has tried to address the shortage is to hire a permanent, full-time substitute teacher in each of its buildings. If a vacancy opens up that they haven’t been able to fill, the full-time substitute can step in until a permanent replacement is found. The permanent substitute makes more than a traditional sub and also receives health insurance. 

    Sadorf, with the National Rural Education Association, says other ways to help include introducing students to teacher training pathways starting in high school, building “grow-your-own” programs to train local people for teaching jobs, and offering loan forgiveness and housing support.

    Sadorf’s organization is in favor of creating an educator-specific visa track that would allow international teachers to be in communities for longer. The group is also in favor of exempting schools from the $100,000 H-1B fee. “Stabilizing federal support is something that really needs to be focused on at the federal level,” Sadorf said.

    At Everetts Elementary in Halifax County, McFarland, the educator from Honduras, is among the most senior teachers in the school. She has adapted to the rural community, where she met and fell in love with her now-husband. She gets asked sometimes why she hasn’t moved to a bigger city.

    “Education has taken me places I’ve never expected,” McFarland said. “For me, being here, there’s a reason for it. I see the difference I can make.”

    Contact staff writer Ariel Gilreath on Signal at arielgilreath.46 or at [email protected].

    This story about the visa fee was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for the Hechinger newsletter.

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  • Higher ed groups push for colleges to be exempt from $100K H-1B visa fee

    Higher ed groups push for colleges to be exempt from $100K H-1B visa fee

    Dive Brief:

    • Nearly three dozen higher education organizations are urging U.S. Homeland Security Secretary Kristi Noem to exempt colleges from the new $100,000 fee for H-1B visa petitions, arguing in an Oct. 23 letter that these employees do work “crucial to the U.S. economy.”
    • President Donald Trump caught the higher education sector by surprise when he announced the large fee last month. Large research universities heavily rely on the H-1B visa program to hire international scholars. 
    • Ted Mitchell, president of the American Council on Education, said in the Thursday letter that colleges’ H-1B workers educate domestic students for “high-demand occupations, conduct essential research, provide critical patient care, and support the core infrastructure of our universities.” 

    Dive Insight: 

    Trump shocked the higher ed world sector on Sept. 19 when he declared that new petitions for H-1B visas must come with a $100,000 payment to be processed. Yet colleges were left unsure which of their workers would be impacted amid scant details on the new policy and mixed messages from administration officials. The federal government is facing at least two lawsuits over the fee.

    In the days and weeks since the fee was announced, the Trump administration has released additional information about the new policy. Just last week, U.S. Citizenship and Immigration Services released guidance that said the new fee wouldn’t apply to visa holders inside the country who are requesting a change of status or extension of stay — potentially exempting international students who recently graduated and have H1-B sponsorship. 

    Mitchell’s letter asked Noem to confirm that the new USCIS guidance includes those on F-1 or J-1 visas — both of which cover international students — converting to H-1B status. He also asked if the government would return the $100,000 fee if a petition is denied and how USCIS would process H-1B applications in a timely manner given the new requirements. 

    The letter points out that the proclamation included language that allows DHS to issue exemptions for workers if government officials deem hiring them is in the nation’s interest and doesn’t pose a security risk. 

    “The continuing education of our postsecondary students is in the national interest of the United States,” Mitchell wrote. 

    He cited recent CUPA-HR data showing that 7 in 10 faculty on H-1B visas in the U.S. are in tenured or tenure-track positions, with the largest shares in business, engineering and health disciplines. 

    Mitchell contended that exempting colleges from the new fee would be similar to the higher education sector’s current exemption from the cap on H-1B visas, which are awarded via a lottery process. The cap limits annual H-1B visa awards to 65,000 workers, with an additional 20,000 for international students who finished U.S. graduate programs. 

    Congress exempted higher education from the cap in recognition “of the special role that institutions of higher education play in hiring H-1Bs on our campuses,” Mitchell wrote. 

    ACE also took issue with a recent proposal that would change how the lottery system works. Under the new proposal from USCIS, visas for higher-wage applicants would be given more priority. 

    Mitchell urged USCIS to withdraw the rule in a public comment submitted Friday on behalf of ACE and 19 other higher education groups. He argued the change would harm international enrollment, as foreign students entering the workforce after completing their degrees at U.S. institutions would have much lower access to the H-1B visa program. 

    “A central reason for the excellence of our postsecondary institutions is their ability to attract and enroll talented, motivated, and curious students, whether born in this country or abroad,” Mitchell wrote. “This proposed rule will limit the ability of our institutions to recruit and retain these students, especially those that wish to remain in the United States.”

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  • Higher Ed Institutions Raise Concerns About H-1B Visa Fee

    Higher Ed Institutions Raise Concerns About H-1B Visa Fee

    In a letter to Secretary of Homeland Security Kristi Noem, higher ed institutions say maintaining a consistent flow of international faculty and staff members is critical.

    Jabin Botsford/The Washington Post/Getty Images

    A number of higher education institutions and the associations that represent them are asking to be exempted from the new $100,000 H-1B visa application fee, saying the prohibitive cost could be detrimental to the recruitment and retention of international faculty, researchers and staff members.

    In a letter to the Department of Homeland Security last week, the American Council on Education argued that such individuals “contribute to groundbreaking research, provide medical services to underserved and vulnerable populations … and enable language study, all of which are vital to U.S. national interests.” Without them, ACE and 31 co-signers said, key jobs in high-demand sectors such as health care, information technology, education and finance will likely go unfilled. 

    The letter came just days after U.S. Citizenship and Immigration Services launched a new online payment website and provided an updated statement on policies surrounding the fee. UCIS clarified that the fee will apply to any new H-1B petitions filed on or after Sept. 21, and it must be paid before the petition is filed.

    The update also referenced possible “exception[s] from the fee” but said those exceptions would only be granted in an “extraordinarily rare circumstance where the Secretary has determined that a particular alien worker’s presence in the United States as an H-1B worker is in the national interest.”

    ACE said that H-1B visa recipients in higher education certainly meet those standards, citing data from the College and University Professional Association for Human Resources that shows that over 70 percent of international employees at colleges and universities hold tenure-track or tenured positions. The top five disciplines they work in are business, engineering, health professions, computer science and physical
    sciences.

    “H-1B visa holders working for institutions of higher education are doing work that is crucial to the U.S. economy and national security,” the letter reads.

    Despite the clarification provided by UCIS, ACE still had several remaining questions about the fee. These included whether the $100,000 would be refunded if a petition was denied and whether individuals seeking a “change of status” from an H-1B to an F-1 or J-1 would still be required to pay the fee.

    At least two lawsuits have been filed against DHS concerning these visa fees. Neither has been issued a ruling so far.

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  • Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    Dive Brief:

    • The U.S. Treasury Department launched an online payment website for employers to pay President Donald Trump’s $100,000 fee on new H-1B visa petitions, according to an update last week from the U.S. Citizenship and Immigration Services.
    • USCIS said the fee applies to new H-1B petitions filed on or after Sept. 21 on behalf of beneficiaries who are outside the U.S. and do not have a valid H-1B visa, or whose petitions request consular notification, port of entry notification or pre-flight inspection. Payment must be made prior to filing a petition with USCIS, per the agency.
    • Separately, USCIS’ update clarified that the fee requirement does not apply to petitions requesting an amendment, change of status or extension of stay for noncitizens who are inside the U.S., if that request is granted by USCIS. If it is not granted, then the fee applies.

    Dive Insight:

    Trump’s proclamation announcing the H-1B fee left employers with plenty of unanswered questions. While Monday’s update provides some clarity, the policy’s future is still uncertain in part because business groups, employers, unions, lawmakers and other stakeholders oppose it.

    At least two lawsuits have been filed seeking to enjoin the fee proclamation — one by the U.S. Chamber of Commerce in Washington, D.C., and another by a group of plaintiffs in California. Both similarly alleged that the H-1B fee violates the constitutional separation of powers as well as the Administrative Procedure Act. The complaints also warned of negative effects on U.S. employers that depend on the H-1B program to attract skilled foreign workers.

    In a letter to Trump and Secretary of Commerce Howard Lutnick, a bipartisan group of congressional lawmakers agreed to the need for reform of the H-1B program while expressing concerns about the potential effects of the fee on U.S. employers’ ability to compete with their global counterparts for talent.

    “The recently announced H-1B visa changes will undermine the efforts of the very catalysts of our innovation economy — startups and small technology firms — that cannot absorb costs at the same level as larger firms,” the lawmakers wrote.

    Trump and the White House have said the fee is necessary to combat “systemic abuse” of the H-1B program by employers that seek to artificially suppress wages at the cost of reduced job opportunities for U.S. citizens. In addition to the fee imposed on new visa petitions, the administration issued a proposed rule to change its selection process for H-1B visas to be weighted in favor of higher-paying offers.

    USCIS’ guidance noted that the Secretary of Homeland Security may grant other exceptions to the H-1B fee in “extraordinarily rare” circumstances where:

    • A beneficiary’s presence is in the national interest.
    • No American worker is available to fill the role.
    • The beneficiary does not pose a threat to U.S. security or welfare.
    • Requiring payment from the employer would significantly undermine U.S. interests.

    The agency provided an email address to which employers could send requests for fee exemption along with supporting evidence.

    Employers planning to file for new H-1B visas should plan to pay the fee unless litigation results in some kind of change, Akshat Divatia, attorney at law firm Harris Sliwoski, wrote in an article Tuesday. Divatia noted that some of the criteria for exemptions outlined by USCIS may conflict with congressional design of the H-1B program, and that employers “should watch closely how the courts respond” to such arguments.

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  • U of Md. Criticized for Charging Turning Point Security Fee

    U of Md. Criticized for Charging Turning Point Security Fee

    University officials said the fee is routine and that they have required the same of other student organizations.

    Sarah L. Voisin/The Washington Post via Getty Images

    University of Maryland officials are facing backlash for requiring the campus chapter of a conservative student organization to pay what chapter leaders called a “viewpoint discriminatory” security fee for an event on Wednesday, CBS News reported. 

    While university police staffed the event free of charge, officials required the chapter to hire its own security to conduct entrance screenings. The event, titled Fighting Like Charlie, featured Daily Wire senior editor Cabot Phillips and was held just over a month after Charlie Kirk, the founder of Turning Point USA, was shot and killed during an event at Utah Valley University. 

    “It’s basically saying anybody, if they want to threaten our chapter or threaten us because of our viewpoints and our speech, then the university, in turn, is going to impose financial burdens on us, or else we can’t have our events,” University of Maryland senior Connor Clayton, communications chair for the campus Turning Point USA chapter, told CBS News. “That is a very dangerous precedent to put on a Turning Point chapter.”

    University officials said the fee is routine and that they have required the same of other student organizations that host similar guest speaker events on campus, regardless of the speaker or message. 

    The Leadership Institute, a Virginia-based nonprofit that trains conservative activists and leaders, ultimately paid the fee—which amounted to $148—on behalf of the chapter. The event proceeded as planned, according to posts on the chapter’s Instagram account. 

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  • Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

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    Dive Brief:

    • The U.S. Treasury Department launched an online payment website for employers to pay President Donald Trump’s $100,000 fee on new H-1B visa petitions, according to an update Monday from the U.S. Citizenship and Immigration Services.
    • USCIS said the fee applies to new H-1B petitions filed on or after Sept. 21 on behalf of beneficiaries who are outside the U.S. and do not have a valid H-1B visa, or whose petitions request consular notification, port of entry notification or pre-flight inspection. Payment must be made prior to filing a petition with USCIS, per the agency.
    • Separately, USCIS’ update clarified that the fee requirement does not apply to petitions requesting an amendment, change of status or extension of stay for noncitizens who are inside the U.S., if that request is granted by USCIS. If it is not granted, then the fee applies.

    Dive Insight:

    Trump’s proclamation announcing the H-1B fee left employers with plenty of unanswered questions. While Monday’s update provides some clarity, the policy’s future is still uncertain in part because business groups, employers, unions, lawmakers and other stakeholders oppose it.

    At least two lawsuits have been filed seeking to enjoin the fee proclamation — one by the U.S. Chamber of Commerce in Washington, D.C., and another by a group of plaintiffs in California. Both similarly alleged that the H-1B fee violates the constitutional separation of powers as well as the Administrative Procedure Act. The complaints also warned of negative effects on U.S. employers that depend on the H-1B program to attract skilled foreign workers.

    In a letter to Trump and Secretary of Commerce Howard Lutnick, a bipartisan group of congressional lawmakers agreed to the need for reform of the H-1B program while expressing concerns about the potential effects of the fee on U.S. employers’ ability to compete with their global counterparts for talent.

    “The recently announced H-1B visa changes will undermine the efforts of the very catalysts of our innovation economy — startups and small technology firms — that cannot absorb costs at the same level as larger firms,” the lawmakers wrote.

    Trump and the White House have said the fee is necessary to combat “systemic abuse” of the H-1B program by employers that seek to artificially suppress wages at the cost of reduced job opportunities for U.S. citizens. In addition to the fee imposed on new visa petitions, the administration issued a proposed rule to change its selection process for H-1B visas to be weighted in favor of higher-paying offers.

    USCIS’ guidance noted that the Secretary of Homeland Security may grant other exceptions to the H-1B fee in “extraordinarily rare” circumstances where:

    • A beneficiary’s presence is in the national interest.
    • No American worker is available to fill the role.
    • The beneficiary does not pose a threat to U.S. security or welfare.
    • Requiring payment from the employer would significantly undermine U.S. interests.

    The agency provided an email address to which employers could send requests for fee exemption along with supporting evidence.

    Employers planning to file for new H-1B visas should plan to pay the fee unless litigation results in some kind of change, Akshat Divatia, attorney at law firm Harris Sliwoski, wrote in an article Tuesday. Divatia noted that some of the criteria for exemptions outlined by USCIS may conflict with congressional design of the H-1B program, and that employers “should watch closely how the courts respond” to such arguments.

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  • US Chamber sues White House to block ‘plainly unlawful’ H-1B visa fee

    US Chamber sues White House to block ‘plainly unlawful’ H-1B visa fee

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    Dive Brief:

    • President Donald Trump’s proclamation placing a $100,000 fee on new H-1B visas is a “plainly unlawful” expansion of executive authority that violates the Administrative Procedure Act and federal immigration laws, the U.S. Chamber of Commerce alleged in a lawsuit Thursday.
    • Chamber of Commerce v. U.S. Dept. of Homeland Security, et. al. is at least the second such lawsuit against the fee proclamation, following a separate filing earlier this month by plaintiffs in California. The Chamber claimed the fee would “inflict significant harm on American businesses” and render the H-1B program economically unviable for many.
    • The Chamber asked the U.S. District Court of Appeals for the District of Columbia to enjoin the fee requirement and vacate any agency actions taken to implement it. A White House spokesperson did not respond to a request for comment.

    Dive Insight:

    The lawsuit is an immediate follow-up to the Chamber’s statement last month calling on the Trump administration to withdraw its fee proclamation. In that statement, the organization said Trump’s move could impede economic growth as well as domestic job creation by incentivizing employers to move some business functions overseas.

    A Chamber press release Thursday reiterated those concerns. Neil Bradley, the organization’s executive vice president and chief policy officer, credited the administration with “securing our nation’s border” while warning of the need for H-1B visas to support growth and attract global talent.

    The fee caught employers by surprise when it was announced in September, particularly so for those in the technology sector, where H-1B visas are routinely sought to staff highly-skilled positions in mathematics, computer science and similar fields. But the fee’s effects could be felt in other fields, including higher and K-12 education, plaintiffs in the California lawsuit alleged.

    New guidance from U.S. Citizenship and Immigration Services issued Monday appeared to give the higher education sector some relief, however. It said that the new fee wouldn’t apply to those who are inside the U.S. and “requesting an amendment, change of status, or extension of stay.” That means international students who recently graduated and have H-1B sponsorship wouldn’t be subject to it, Bloomberg Law reported. 

    Trump has touted the fee — which applies prospectively only to H-1B visa petitions filed on or after Sept. 21, 2025, — as a necessary measure to combat “systemic abuse” of the program by employers in an effort to artificially suppress wages while reducing job opportunities for U.S. citizens.

    The Chamber directly addressed this point in its lawsuit, conceding that while abuse of the H-1B program is a serious issue, Congress considered this problem when creating the program and authorized the executive to take certain measures to prevent and remediate such abuse.

    For example, the Chamber noted that Congress twice imposed a temporary $4,000 surcharge fee on certain employers with a high proportion of H-1B visa holders. It also implemented a regulatory framework, the Labor Condition Application, requiring employers seeking H-1B employees to certify that the positions offered to such candidates meet criteria outlined by Congress. The legislature gave the president the authority to enforce such requirements by issuing fines as well as bans on filing future H-1B petitions.

    “What Congress did not authorize is disincentivizing the use of the program by imposing a fee many times the amount of fees set by Congress,” the Chamber said.

    Separately, the organization echoed an argument used by the California plaintiffs in alleging that the fee is arbitrary and capricious and was not submitted to notice-and-comment rulemaking as required under the APA.

    The lawsuits against the fee add to employers’ confusion in the aftermath of the proclamation. Sources previously told HR Dive that businesses have since been left to parse just how to pay the fee or how it will apply to visa petitioners who are already physically present in the U.S.

    Editor’s note: Natalie Schwartz, senior editor at Higher Ed Dive, contributed to this story. 

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