The president of the United States, Donald Trumpsigned on Friday an executive order that establishes a fee of US $ 100,000 for the new applicants of the H-1B Visas Program, in what constitutes one of the most striking and controversial measures that the Republican president has executed in its purpose of reforming the immigration system. In this note, we explain what the H-1B visa is, how it is processed, who affects the new rate and what would be the immediate consequences of the decision.
The H-1b visa It is a program that It allows US companies to hire highly qualified foreign workersespecially in technological sectors.
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Giants like Amazon, Google, Meta, Microsoft, Apple and IBM They appear among the main employers for beneficiaries of this visa.
Until now, administrative costs for H-1B Visa added US $ 1,500 on average.
“In case the employer would like to have a resolution in 15 days, he could pay $ 2,805 for a premium treatment of his process,” explained to Commerce The migration specialist lawyer Ysabel LonazcoLonazco Law.
Donald Trump signed a proclamation with the new H-1B visa rate on Friday. (Mandel Ngan / AFP).
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Trump’s order entered into force on Sunday and only applies to new proceduresso those who already have a H-1B visa And they are outside the country will not have problems re -entering the United States.
White House spokeswoman, Karoline Leavitt, clarified that The 100,000 dollars “is not an annual rate”, but “a rate for a single time.”
Why the $ 100,000 rate?
The White House justified the measure as an attempt to Prioritize local labor and raise the program standardensuring that it is only used to attract “best engineers and professionals”, and not to replace jobs that could occupy US citizens.
The decree of Trump It also orders to review the Minimum wages required to beneficiaries and harden eligibility criteria, in line with the speech to “protect American jobs.”
During the firm, Trump said that the United States needs “great workers” and that the freshly imposed rate “practically ensures that this is what will happen.”
For his part, the secretary of Commerce, Howard Lutnick, said “The company has to decide… Is the person valuable enough to pay US $ 100,000 To the government, or better to return home and hire an American? ”
Univisión explained that critics of the H-1B visa They say that the program damages US workers because they attract people from abroad who are willing to work for $ 60,000 a year, which is well below salaries of more than $ 100,000 that are usually paid to US technological workers.
Lonazco said that The Labor Department is the one that dictates the minimum wage to be paid to foreign workers.
“They cannot be paid less than the minimum required to people in the same position. The H-1B visa does not require demonstrating that there are no US workers available for the position, that is only required for residences per employment. H1-B is a temporary visa, non-immigrant visa,” Lonazco added.
Who is the H-1B visa directed?
People arrive at an office in Miami of the United States citizenship and immigration service (USCIS) in the United States. (Photo AP/Wilfredo Lee, file).
The lawyer Lonazco He said that H-1B are non-immigrant visas that allows professionals with higher degree of studies to take a position in a specialized branch that requires a minimum educational level.
It is estimated that By 2025 there were almost 480,000 visa applications H-B1.
Lonazco explained that since 2004 the legal limit allows to grant 85,000 new visas of this category, which are awarded through a raffle or lottery that is carried out in March.
“Companies can apply for the lottery to be sponsors of a professional worker. The visa has a duration of 3 years that can be extended for 3 more years ”Lonazco said.
The advice and those affected
Labor Secretary Howard Lutnick said Friday that Now many less H-1B visas are going to be issued because “it is simply no longer profitable.”
Of the total approved H-1B visas, more than 70% are for citizens of the Indiamostly engineers and information technology specialists. Second are those of Chinawith between 12 and 16%. Professionals from Canada, Taiwan, South Korea, Mexico, Philippines, Pakistan, Nepal, among others.
The decision of Trump has generated alarm in the technology industry and among immigration experts, which They warn about a direct impact on the competitiveness of the United States.
“This measure is unfortunate. The H-1B visa is vital for the country’s economy and is one of those that make the United States stay at the forefront in the world. Through the H-1B, scientists, doctors, lawyers, engineers, and multiple foreign workers who help the country are a world power come, attracting the best talent of each nation ”, Lonazco said.
“The argument that H-1B take work of Americans is a wrong premise. Foreign workers exist for some reason, and their entrance was determined by Congress to see the need to attract the best professionals. This will not affect foreign professionals so much, but to the United States itself ”, said.
The lawyer said she had an H-1B visa, and that through her she was able to exercise the right of immigration and then she could obtain a residence for employment, something that took her around 13 years.
“It is thanks to the H-1B that I could bring my knowledge as a foreign lawyer in Peru and thus serve my community. This last Saturday organizes through the Ail and in the United States ”, told
Like large technological ones, which are the largest employers, small businesses, non -profit organizations and universities that do not have financial resources to pay such high rates, they could be excluded or reduced in their ability to use the program.
What comes now?
Lawyer Lonazco said that Litigation against this executive order is inevitable. He said that a judge will definitely have to determine the legitimacy of the norm and the constitutionality of imposing a payment of $ 100,000 on companies that want to make requests of foreign workers.
