Experts Break Down New H-1B Visa Fees: What We Know and Don’t Know

A panel of industry and legal experts took a closer look at the recent Presidential Proclamation which created a $100k fee for new H-1B visas, articulating what it means for HR leaders and potential employer responses. Following the webinar, the Association sent a letter to the White House and key agencies seeking clarification on several questions.

Confusion reigns: Panelists mapped out where and when H-1B petitions would be subject to the new fee, but cautioned that there are many questions that the Trump administration must answer, including the exact scenarios where the fee applies. “It is essential to seek further guidance from the government,” noted Mr. Cooper.

“National interest” exception may be a valuable tool for employers: The Proclamation provides a potential exemption from the $100k fee for companies if the visa (and/or work to be done thereunder) is deemed in the “national interest,” although the scope of the exemption is still unclear. Panelists urged employers to “begin thinking now” about potential ways their work supports U.S. priorities, particularly in areas tied to national security.

• Healthcare, AI, and adjacent manufacturing or support services and sectors (such as semiconductor manufacturing) were cited as potential areas where exemptions could apply.

Legal challenges expected, but outcomes are uncertain: Panelists predicted several lawsuits will likely be filed against the Proclamation in the coming weeks. However, swift action blocking the new fees from taking effect may not be available, given new restrictions on injunctive relief.

What employers should do now: Panelists offered practical strategic advice for employers in response to the Proclamation, including:

• Develop arguments demonstrating why your company’s work is in the “national interest.”

• Map out in the greatest possible detail your company’s H-1B population.

• Review your current talent pipeline, and identify who is already in the pipeline, where they are, and estimate costs of adding H-1B workers under the new Proclamation.

• Strengthen talent retention strategies, and look at your competitors in the labor market, with a focus on understanding how your company can differentiate itself to retain talent.

• Consider other visa options, such as L-1 visas (for international transfers), E-visas (for workers from countries subject to treaties/trade agreements with the U.S., such as Australia), and O-1 visas (individuals with “extraordinary abilities in the sciences and other industries), but ensure that both the individual and the position are eligible for such visas.

• Find key Q&As from the webinar here.

CHRO Association advocacy: The Association submitted a letter to the White House, the Department of Homeland Security, and the Department of Labor seeking answers to numerous open questions raised by the Proclamation.

• The Association will continue to engage with Administration officials to provide greater clarity to its members, and will be submitting formal comments to DHS regarding its proposed changes to the visa lottery system.