Donald Trump has extended restrictions requiring a $100,000 payment for certain new H-1B visa petitions involving workers outside the United States, continuing a policy that has faced legal challenges and concern from U.S. employers.
A presidential proclamation signed this month restricts entry for certain foreign workers in specialty occupations unless their H-1B petitions are accompanied by the payment.
The restriction takes effect Sept. 21 and is scheduled to remain in place for 12 months unless it is extended again.
The H-1B program allows U.S. employers to temporarily hire foreign professionals in specialty occupations, including workers in technology, engineering, medicine and other highly skilled fields.
The administration has argued that changes are necessary to prevent abuse of the program and protect U.S. workers.
Business groups and technology companies have countered that H-1B visas help employers recruit workers in fields where qualified candidates can be difficult to find.
The proclamation includes provisions allowing the Homeland Security secretary to grant exceptions when hiring certain H-1B workers is determined to be in the national interest.
The $100,000 requirement has also been challenged in federal court.
The policy does not broadly impose the payment on all existing H-1B visa holders. Its application depends on the worker’s circumstances and the petition involved.
Last year, the administration said that the six-figure fee would not apply to existing visa holders.
