What does the Trump administration’s latest fee hike mean for the family of H-1B visa holders? All details
President Donald Trump has signed the proclamation ‘Restriction on entry of certain non-immigrant workers’ on Friday. The H-1B program is understood to offer around 65,000 visas annually to employers bringing in temporary foreign workers in specialised fields.
In a big blow to professionals on visas in the US, the Trump administration announced on Friday that it would ask companies to pay $100,000 per year for H-1B worker visas. It is feared that the change will heavily impact the technology sector that relies heavily on workers coming from India and China.
White House staff secretary Will Scharf stated that the H-1B non-immigrant visa program is one of the “most abused visa” systems in the country’s current immigration system, and the move is aimed at protecting American workers while ensuring that companies have a pathway to hire “truly extraordinary people” and bring them to the United States.
Rules for the H-1B non-immigrants
President Trump signed the proclamation ‘Restriction on entry of certain non-immigrant workers’ on Friday. As per the proclamation, “The Department of Homeland Security and the Department of State shall coordinate to take all necessary and appropriate action to implement this proclamation and to deny entry to the United States to any H-1B nonimmigrant for whom the prospective employer has not made the payment described in section 1 of this proclamation.”
What about the family of H-1B Non-immigrants?
In the wake of President Trump’s new decision on the H-1B visas, it is important to take a deep dive into the details and definition of H-1B nonimmigrants.
As per the U.S. Citizenship and Immigration Services, “Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident status.”
Which means, families of H-1B visa holders often come to the United States on H-4 visas. This visa is given to the spouse and unmarried children under 21 of an H-1B worker. Their stay in the country is directly tied to the status of the H-1B holder. If the worker loses their job or status, dependents also lose their legal stay.
H-4 family members are allowed to study full-time or part-time without needing a student visa. Work, however, is more limited. Spouses can apply for work permits in certain cases, mainly if the H-1B worker has reached a stage in the green card process, such as an approved I-140 petition. Children on H-4 visas are not allowed to work.
Dependents can travel outside the U.S. as long as their visas remain valid. They can also be included in the green card application process, along with the H-1B worker.
The H-1B program is understood to offer around 65,000 visas annually to employers bringing in temporary foreign workers in specialised fields. According to a report published by Reuters, India has been the largest beneficiary of H-1B visas last year and it accounted for 71 per cent of approved beneficiaries.
Meanwhile, Tech giants, including Amazon and Microsoft, have warned employees’ families on H-4 visas to avoid international travel after the Trump administration’s steep hike in H-1B visa fees. According to Reuters, the new $100,000 entry fee applies mainly to H-1B workers, but re-entry from abroad could be treated as a fresh application under the revised rules.
That raises concerns that H-4 dependents may face delays or complications at U.S. borders. While the H-4 visa rules themselves remain unchanged, companies say non-essential travel should be avoided until there is more clarity on how the changes will be enforced.