H-1B visa update- Recent developments suggest that physicians may be exempt from the Trump administration's newly introduced $100,000 fee for high-skilled H-1B visa applications. According to a statement from the White House, this fee increase may not apply universally. The Proclamation mentions that “potential exemptions” could be granted if the Secretary of Homeland Security concludes that hiring these workers serves “the national interest.” This decision follows concerns raised by prominent medical organizations regarding the fee's impact on rural areas, where healthcare professionals are already scarce.
Understanding the Proclamation
The proclamation from the White House states: “The restrictions outlined in subsections (a) and (b) of this section will not apply to any individual alien, all aliens employed by a company, or all aliens in an industry, if the Secretary of Homeland Security determines, at their discretion, that hiring such aliens as H-1B specialty occupation workers is in the national interest and does not threaten the security or welfare of the United States.” While the executive order does not specify the individuals affected, reports suggest it may include doctors and medical residents, as noted by a major news outlet.
Concerns Over the New Fee
White House spokesperson Taylor Rogers indicated in an email to a news agency that “the Proclamation allows for potential exemptions, which can include physicians and medical residents.” This statement comes amid rising worries that the unprecedented $100,000 fee could severely limit opportunities for international professionals, particularly in medicine and technology. Granting exemptions for specific healthcare workers could help alleviate ongoing shortages in underserved regions across the nation.
Clarification from USCIS on Fee Applicability
Previously, the US Citizenship and Immigration Services (USCIS) clarified that the $100,000 fee on H-1B visa applications will only affect new applicants and will not apply to petitions submitted before September 21. “This proclamation only applies prospectively to petitions that have not yet been filed. It does not affect aliens who are beneficiaries of petitions filed prior to the proclamation's effective date, those with currently approved petitions, or individuals holding valid H-1B non-immigrant visas,” explained Joseph B Edlow, Director of USCIS, in a memorandum released on Saturday.
Background on the H-1B Visa Fee
Notably, President Donald Trump issued a proclamation on Friday imposing a $100,000 fee on H-1B visa applications, effective September 21. This initiative aims to reduce the overuse of the program, allowing companies to recruit only “highly skilled” workers from abroad. The H-1B visa is a non-immigrant visa that enables US companies to employ foreign workers for specialized roles requiring advanced skills and at least a bachelor's degree, particularly in fields such as science, technology, engineering, mathematics (STEM), and information technology.
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