By Alicia A. Caldwell
President Donald Trump extended for another year a $100,000 payment requirement for employers seeking to bring certain H-1B workers into the US, saying the restriction has reduced the reliance on lower-paid foreign labour.
The policy, which has drawn opposition from major firms that rely on skilled foreign workers, will remain in place through September 21, 2027, with limited exceptions for workers, companies or industries deemed to be in the national interest, the White House said in a statement on Friday.
The extension comes as the payment requirement remains tied up in court. A federal judge in Massachusetts struck down the government’s guidance for implementing it in June, and the administration has appealed.
The Department of Homeland Security last month also began pursuing a separate and more far-reaching proposal that would impose a roughly $103,000 fee on all H-1B petitions subject to the annual visa cap. Unlike the earlier initiative, it would apply to almost anyone getting a new visa, not just those who are outside the country.
The White House said on Friday that registrations from the largest information technology staffing and outsourcing firms have fallen 92 per cent since the H-1B payment requirement and a new weighted selection system took effect, while more applications are now for workers with advanced degrees and higher-paying job offers.
But critics say some of the planned changes could hurt US-driven innovation by severely impairing the coveted visa program. More than 700 petitions have included the $100,000 payment, according to Trump’s Friday proclamation.
The White House also issued a separate executive order Friday directing government officials to review would-be H-1B employers for “recent or planned layoffs” of US workers when considering whether to approve H-1B applications. That will include H-1B petitions that have already been filed.
Trump is also asking the agencies reviewing H-1B applications to consider more data on pay, industrial conditions and employment specialisation from other parts of the government.