The Trump Administration implemented a $100,000 application fee on Sept. 19 for an H-1B visa, potentially endangering international student’s post-graduation plans and extending the wait for job searches in the United States.
The University of Rhode Island’s Office of Global Initiatives has been in direct communication with URI H-1B visa holders and continues to provide information and support to the international community, according to an federal action update email from URI Communications.
To stay in the U.S. after graduation, international students require F-1 status, which benefits optical practical training, a temporary work authorization for F-1 students, according to Melissa De Jesus, the director of international students. Optical practical training allows students to remain in the U.S for one year. Those who studied science, technology, engineering and mathematics get two years in the country. Beyond that, an H-1B visa is needed.
It’s unclear whether the application fee will affect international students’ post-graduation plans, according to De Jesus. The proclamation was taken into effect, but the factors about sponsoring the H-1B visa are unknown.
“[URI] is still trying to get clarification on how the process will look moving forward,” De Jesus said. “The details on how this is going to impact companies, institutions and everybody else that sponsors each 1B is still unclear.”
The process to obtain a H-1B visa could take up to six months, according to De Jesus. If a student uses premium processing, there is an expedition for a petition that will take up to 15-30 days once the petition is submitted.
The policy change imposed by the Trump administration claimed the visa was deliberately exploited to replace American workers with lower pay and lower skills, according to the Federal Register. Employers are abusing the H-1B statute and its regulations to suppress wages, causing a disadvantage in the labor market for American citizens. At the same time, employers have difficulty attracting and keeping highly skilled temporary workers.
An H-1B visa allows citizens from other countries to work in the United States, according to the H-1B Program. The intention is to help employers who can’t obtain business skills and abilities from the U.S. workforce by authorizing temporary employment for deemed qualified individuals.
Once their H-1B visa is approved, students can stay in the U.S. for six years, which is the maximum time, according to De Jesus. If students want to stay in the U.S. after the six years have passed they need to apply for a different visa category such as a green card.
“It all depends on the field that they are in, what they’re doing, [what] they could do and the sponsorship that the employer can provide under whatever other visa category,” De Jesus said.
The extent to which international students rely on the H-1B visa will look different depending on how the fee is implemented into companies and institutions, according to De Jesus.
“It’s hard to come up with a straightforward answer being we’re still getting clarification of proclamation orders and everything happening with the current administration,” De Jesus said.
Multiple potential changes to a visa, such as per petition or per year are possible according to De Jesus. In some instances employers may pay the fee for a worker, in others the worker will need to pay it themselves.
“Everything that is happening leaves us with more questions than answers,” De Jesus said.
