The Department of Homeland Security (DHS) published a new proposed regulation today, requiring employers to pay a $103,265 fee—or more accurately, tax—merely for the right to file a petition requesting an H‑1B foreign worker. The H‑1B visa program is the most common way for employers to hire or retain high-skilled foreign workers in the United States because the green card caps are so low and the wait times are so prohibitively long.
It is not a fee because it is not a charge for a service. Rather, it is an attempt to reduce the hiring of H‑1B workers. The new fee-tax will crush the H‑1B program, resulting in the loss of hundreds of thousands of talented workers. This mass exodus will trigger a series of devastating effects for the US economy: disinvestment from the US economy, offshoring of US jobs, a decline in innovation and entrepreneurship, and an enormous blow to the US Treasury.
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