DHS Proposes Another Six-Figure H‑1B Fee | Cato’s David Bier Responds
Following DHS’s proposal of a new six-figure fee on H‑1B petitions, I wanted to share a statement from the Cato Institute’s David Bier on the legal and practical problems with the plan:
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“DHS is now proposing a $103,265 fee on H‑1B cap-subject petitions, in addition to the existing $100,000 fee for H‑1B petitions that the Trump administration imposed and DHS limited to petitions for applicants abroad. A court has already blocked the first fee.”
“The administration claims the new fee will be a ‘cost recovery mechanism,’ even though the first fee led to a nearly 90 percent reduction in filings and a $28 million loss in revenue. The government itself told the court that the $100,000 fee was ‘arguably prohibitive’ and ‘does not raise revenue.’ Even if it did raise revenue, that would not make it legal because immigration fees can only be imposed to recover the costs of adjudication and naturalization services.”
“And because this is a filing fee, employers would have to pay it with no guarantee that USCIS will approve the petition. Almost no one will risk more than $100,000 with no guarantee of approval.”
“DHS also implies that employers will be willing to pay this fee because they are underpaying their H‑1B workers, relying on research that has been repeatedly disproven. DHS is effectively asserting that it plans to make money off alleged underpayment. That is a bizarre justification for the policy.”
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If you would like to speak with David about the proposed fee, the legal challenge to the administration’s earlier H‑1B fee, or broader high-skilled immigration policy, I would be happy to connect you.
Best,
Ryan Carver
Media Relations Manager
540–589-0573
Cato Institute
1000 Massachusetts Avenue, N.W.
Washington, DC 20001
Source: https://www.cato.org/news-releases/dhs-proposes-another-six-figure-h-1b-fee-catos-david-bier-responds
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