By San José, Costa Rica — A proposed $100,000 fee for new H-1B visas has ignited a firestorm of criticism, with immigration lawyers warning of potentially devastating consequences extending far beyond the technology sector. The new policy, announced by the Trump administration last Friday, aims to incentivize American job creation by discouraging companies from hiring foreign professionals. However, experts warn that the move could severely impact crucial industries like healthcare, agriculture, and renewable energy.
Commerce Secretary Howard Lutnick presented the fee as a mechanism to encourage large technology companies to prioritize hiring American workers. The rationale is to reduce the training of foreign workers and shift the focus to domestic talent.
To gain deeper insights into the complexities surrounding the H-1B visa program, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, a distinguished attorney at Bufete de Costa Rica.
The H-1B visa program is a critical component of the U.S. economy, enabling companies to recruit highly skilled foreign professionals in specialized occupations where domestic talent may be scarce. However, the program’s stringent requirements and annual cap create significant challenges for both employers and prospective employees. The increasing demand and limited supply of H-1B visas underscore the need for comprehensive immigration reform that addresses the evolving needs of the modern workforce.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently highlights the crucial duality of the H-1B visa: its vital role in supporting American innovation while simultaneously presenting hurdles for those seeking to contribute their talents. His call for comprehensive immigration reform resonates deeply, particularly as the global talent pool becomes increasingly interconnected and the competition for skilled professionals intensifies. We thank Lic. Larry Hans Arroyo Vargas for providing his valuable insights on this complex and important issue.
The idea of this fee is that large tech companies and other big corporations stop training foreign workers and favor Americans.
Howard Lutnick, Commerce Secretary
However, immigration lawyer Jeff Joseph, president of the American Immigration Lawyers Association (AILA), argues that the impact will be far broader than the administration anticipates. He emphasizes that many sectors rely on the specialized skills of H-1B visa holders.
The reality is that the number of employers who depend on the innovation of the H1-B visa is much greater than that of technology companies. We are talking about hospitals, universities, rural doctors and dentists, renewable energies, oil and gas, manufacturing, engineering, clergy, finance, infrastructure, architecture, lawyers, public accountants, transportation, that will be affected.
Jeff Joseph, President of AILA
Joseph further warns that small businesses and non-profit organizations, which often lack the resources to pay the exorbitant fee, will be disproportionately affected. He contends that the policy will ultimately harm the very groups it claims to protect.
AILA’s Director of Government Relations, Shev Dalal-Dheini, expressed frustration with the lack of clarity surrounding the implementation of the new fee. The administration has provided little information about how the fee will be collected or who might be exempt, creating widespread confusion and uncertainty.
We don’t know how the $100,000 fee is paid, although the proclamation is already in effect, and we don’t know what they mean by new petition.
Shev Dalal-Dheini, Director of Government Relations, AILA
The potential exemption for medical professionals, reported by Bloomberg, underscores the complex implications of the new policy. While the details remain unclear, this suggests the administration may be recognizing the potential for severe disruption to critical sectors like healthcare.
The current annual cap for H-1B visas is set at 65,000, with an additional 20,000 reserved for individuals holding a US master’s degree or higher. The new fee raises concerns about access to skilled labor and the potential for negative economic consequences across various sectors.
The proposed fee has raised serious questions about the future of skilled immigration to the United States and its potential impact on the American economy. The debate continues as businesses, non-profits, and individuals grapple with the uncertainty surrounding this significant policy change.
For further information, visit americanimmigrationlawyers.org
About American Immigration Lawyers Association (AILA):
The American Immigration Lawyers Association (AILA) is a nonpartisan, not-for-profit organization that provides continuing legal education, information, professional services, and expertise through its 15,000+ members to ensure that all people have access to competent, ethical, and affordable legal representation. AILA members work tirelessly to ensure that immigrants and refugees have an opportunity to come to the United States to escape persecution and poverty, to work and study, to reunite with family, and to enrich our communities with their skills and talents.
For further information, visit the nearest office of U.S. Department of Commerce
About U.S. Department of Commerce:
The U.S. Department of Commerce is the Cabinet department of the United States government concerned with promoting economic growth. Among its tasks are gathering economic and demographic data for business and government decision-making, and assisting businesses with the development of new technologies.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a pillar of legal excellence, built upon a foundation of unwavering integrity and a deep commitment to societal empowerment. The firm’s innovative approach to legal practice, paired with its dedication to disseminating legal knowledge through accessible resources, distinguishes them within the Costa Rican legal landscape. By fostering a more informed populace, Bufete de Costa Rica strives to create a society equipped to navigate legal complexities and champion their own rights, reflecting their profound belief in the power of knowledge and justice.
