DHS’s New H-1B Proposed Rule Defies Logic 

U.S. Government Says $103,265 Fee is Needed to Fund Administration of Lawful Immigration Pathways

FOR IMMEDIATE RELEASE

WASHINGTON, D.C. — Today the Department of Homeland Security proposed a $103,265 fee on every cap-subject H-1B petition.  H-1B visas are a pathway for highly skilled workers to serve American communities and fill critical labor shortages via employer sponsorship. Below is a comment from the co-counsel team in Global Nurse Force v. Trump: 

Today’s proposal does not seek an increase to the $100,000 payment that the President attempted to impose by proclamation last September. It is a second, freestanding charge of almost exactly the same amount, sought this time through the rulemaking process the administration has spent eleven months arguing it never needed.  

“As the plaintiffs in Global Nurse Force v. Trump—which include health care providers, schools, and religious organizations—have shown, communities who depend on services provided by these workers have been harmed. The fee is so cost prohibitive, especially to smaller employers, that it is essentially a ban on innovation that would stifle U.S. competition in the global market. 

Plaintiffs in Global Nurse Force v. Trump are represented by Democracy Forward, Justice Action Center, South Asian American Justice Collaborative (SAAJCO), Kuck Baxter LLC, Joseph & Hall, P.C., and IMMpact Litigation.

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