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Pabian Law Clients,
I hope everyone had a nice week! Below, please find our latest update on the recent immigration actions that have occurred in the last two weeks:
New $103,000 H-1B visa petition fee
On August 25th, the U.S. Department of Homeland Security (DHS) proposed an additional $103,000 fee for all cap-subject H-1B visa petitions. Cap-subject petitions include those for standard commercial companies. Petitions filed by universities, nonprofit research organizations, and governmental research organizations would be cap-exempt and not subject to this new fee. Last year, President Trump announced a $100,000 fee for new H-1B visa petitions. However, a federal judge vacated that entry fee, finding that it was outside the President’s power. This time around, the new fee may have a better chance of sticking because DHS is going through the traditional rule-making process to get it through. DHS stated that the fee will help cover the costs of overseeing the U.S. immigration system.
If instituted, the new fee would have a significant financial impact on H-1B visa employers, especially small businesses. Not only could this fee serve as a disincentive for employers to file H-1B visas but could also give large companies another advantage over smaller competitors.
As a reminder, while they share similar names, H-1B and H-2B visas are completely different visa paths. Therefore, this fee would not apply to H-2B seasonal visa petitions.
U.S. Department of State (DOS) pauses immigrant visa processing for 75 countries due to consular training
DOS has announced a temporary pause on all immigrant visa interview appointments due to consular officer training. The pause follows an August 21st federal court decision vacating the Department’s separate suspension of immigrant visa issuance to nationals of 75 countries. DOS says that the pause is so that consular officers can receive updated public-charge training. Visa appointments will not be adjusted due to the training and existing appointments have been cancelled. Applicants will have to wait for consulates/embassies to resume normal scheduling in order to reschedule their appointments.
The timing of the announcement just days after the court’s ruling indicates the Administration’s strategic shift in finding permissible ways of continuing to constrain the immigration process and contribute to continued backlogs and delays at U.S. consulates abroad.
We hope that you find these resources helpful as we all try to make sense of what is really happening in the world of immigration law.
Thanks, everyone, and have a great weekend!
Best regards,
Keith and the Pabian Law Team
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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