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الوسم: foreign workers

  • Trump Admin Proposes $100K+ Fee for H-1B Visa Workers

    Trump Admin Proposes $100K+ Fee for H-1B Visa Workers

    The Biden administration announced intentions to implement a new fee structure for H-1B visa applications, aiming to formalize a previously imposed over $100,000 fee that was initially introduced by the Trump administration last year but faced legal challenges. The fee, which significantly increases the cost for highly skilled foreign workers seeking H-1B visas—an essential visa type for tech, education, and research sectors—is now poised to become permanent through new regulations.

    A federal judge in June invalidated the earlier fee, citing it as unlawful, and temporarily barred its collection. Currently, an appeals court based in Boston is reviewing that decision, while another court is examining whether a separate ruling rejecting a challenge by a major business association was appropriate. Although Trump’s 2025 proclamation that introduced the fee expired in September, it directed the Department of Homeland Security (DHS) to establish regulations making the fee permanent.

    The DHS has proposed a fee of $103,265 for new H-1B visas, which was published for public comment in the Federal Register and will remain open for 30 days. The final rule could take effect by year’s end. Under the H-1B program, U.S. companies can employ foreign specialists, with the program providing 65,000 visas annually, plus an additional 20,000 for advanced degree holders. These visas typically have durations ranging from three to six years.

    The fee hike caused a sharp increase in visa costs, which previously ranged from about $2,000 to $5,000, depending on circumstances. Trump invoked his authority under federal immigration law to impose restrictions that he argued would benefit U.S. interests, but this move has been met with legal opposition from business groups, Democratic-led states, and coalitions of unions and employers. These groups argue that the authority to restrict entry does not permit the DHS to impose fees or taxes without Congressional approval, asserting that the new fee is effectively a revenue-generating tax.

    Legal battles are ongoing, with lawsuits challenging the administration’s authority to set such fees and contesting whether the DHS can impose them at all. The cases claim that the president’s power to regulate immigration does not extend to creating revenue-generating fees outside of Congressional approval. The Trump administration has maintained that the fee is not a traditional tax and that courts have limited power to question presidential immigration restrictions.

    Despite these legal disputes, employer demand for H-1B visas has decreased—from roughly 344,000 applications last year, a drop of more than 25% from 2024, and less than half of the 794,000 petitions filed in 2023—possibly reflecting broader immigration policy changes. Additionally, the DHS has introduced measures to increase scrutiny of visa applicants, favoring higher-skilled and higher-paid workers, along with new fees of up to $4,500 for extending or transferring H-1B visas.

  • Japan’s New Visa Rules Force Foreign Residents to Leave

    Japan’s New Visa Rules Force Foreign Residents to Leave

    In a small Tokyo eatery filled with the aroma of Nepalese dumplings, Budhathoki Samjhana reflects on the business she built from the ground up, now facing the possibility of closure as Japan implements stricter visa regulations.

    Though Japan’s population is aging rapidly and many industries grapple with labor shortages, opposition to immigration is on the rise. In late 2025, the ruling Liberal Democratic Party introduced new requirements for business manager visas, prompting concern among immigrant entrepreneurs.

    Budhathoki, a Nepalese national, spent ten years away from her young daughter, working to create a new life in Tokyo. Now, she risks deportation because she might not meet the new criteria.

    “I always wanted to serve as a bridge between Japan and Nepal… but now my dream is shattered,” the 38-year-old said from her restaurant in Tokyo’s Okubo neighborhood, a lively area filled with Vietnamese cafes, Indian curry spots, and Korean barbecue joints.

    The tighter regulations come amid complaints from locals about overtourism and rising land prices driven in part by foreign investment, leading Prime Minister Sanae Takaichi to push for more restrictive policies on foreign residents.

    Last month, the government announced a significant increase in visa fees for some tourists—raising the costs five times for single and multiple-entry permits—marking the first such hike in nearly half a century.

    While existing business manager visa holders have a three-year window to comply with the new rules, many successful small businesses, including popular eateries in Okubo, fear they won’t be able to meet the new financial requirements.

    “The main obstacle is the rise in the investment minimum from ¥5 million ($30,000) to ¥30 million ($185,000),” said Budhathoki, flipping through receipts as the scent of freshly made momos perfumes the air from her kitchen.

    “It’s just impossible.”

    Budhathoki arrived in Japan as a student in 2016 and spent years saving to open her first restaurant in 2023. After launching her third establishment in January, she finally managed to bring her 14-year-old daughter from Nepal, where she had been separated for a decade. Her daughter is now attending a Japanese school.

    “I’m extremely worried—not for myself, but for my daughter,” she admitted. “What did I do to her?” Her voice trembles as she thinks about the upcoming visa renewal.

    —

    Indian restaurateur Manish Kumar, who has resided in Japan for thirty years, has already been notified that his business manager visa will not be renewed, despite the grace period.

    He’s unsure of the exact reasons but notes that immigration authorities have become more stringent, demanding extensive documentation such as tax receipts and proof of social insurance payments.

    “All my children speak Japanese… and now they’re being told to return to India,” Kumar said tearfully during a recent gathering about his visa issues.

    More than 67,800 people have signed a petition calling for the suspension of the new immigration rules.

    “What happened to him is shocking,” said Taro Tsurugashima, the petition’s organizer. “He’s my friend and a trusted member of our local business community.”

    This crackdown follows last year’s declaration by Japan’s Justice Ministry of a “zero illegal foreign residents” plan, aiming to address public concerns over immigration.

    As Japan faces a dwindling birthrate and an aging population—one of the lowest in the world—many see increased immigration as a way to reverse demographic decline. However, immigration remains a contentious political issue, especially after the rise of the “Japan-first” Sanseito party, which criticizes immigration as a “silent invasion.”

    Since taking office in October, Takaichi has promised tighter screening processes. The business manager visa, originally designed to attract entrepreneurs, has become a route for individuals with little intention of running a genuine business, say officials.

    The visa’s popularity surged, with approximately 46,000 holders as of mid-2025—an increase of 70% from 2020. Nearly half were Chinese nationals, according to government figures.

    Some unscrupulous real estate agents have begun promising that purchasing property in Japan can secure a visa, added Kazuki Yuda, an administrative advisor.

    Daisuke Komori, another expert in administrative affairs, warned that the tougher policies are hurting small restaurant owners and young entrepreneurs, as well as targeting system abusers.

    In an April parliamentary session, Justice Minister Hiroshi Hiraguchi stated there were no plans to overhaul the rules but indicated that the government would review individual cases as needed.

    New requirements also mandate that business manager visa holders employ a Japanese national or long-term resident—an increasingly challenging demand in a country with a shrinking workforce.

    A 30-year-old Bangladeshi businessman in Tokyo remarked, “With the decreasing population, there aren’t enough Japanese workers. Who’s going to apply for a job at a company led by a manager with an unstable visa that requires renewal every year?”

  • Lawsuit Challenges Trump’s $100K Fee for H-1B Visas

    Lawsuit Challenges Trump’s $100K Fee for H-1B Visas

    A group of unions, employers, and faith-based organizations took legal action on Friday to stop President Donald Trump’s attempt to impose a $100,000 fee for new H-1B visas granted to highly skilled foreign workers.

    This lawsuit, filed in a federal court in San Francisco, is the first challenge to a proclamation Trump issued two weeks ago, which introduced the fee as part of a broader effort to tighten immigration policies.

    Among the plaintiffs are the United Auto Workers union, the American Association of University Professors, a nurse staffing agency, and several religious groups. They contend that Trump’s authority to limit the entry of specific foreign nationals does not permit him to override the legal framework that established the H-1B visa program.

    A White House spokesperson, Abigail Jackson, responded in a statement, claiming that the Trump administration’s actions are lawful, aiming to prevent companies from overloading the system, suppressing wages for American workers, and providing predictability for employers seeking top talent from abroad.

    The H-1B program enables U.S. companies to hire foreign specialists, particularly in tech industries that heavily depend on H-1B visa holders.

    Critics argue that the visa program is often exploited to replace American workers with cheaper foreign labor, though many corporations and industry groups emphasize that H-1Bs are essential for filling skill shortages.

    Currently, employers pay H-1B sponsorship fees ranging from $2,000 to $5,000, varying based on company size and other factors.

    Trump’s recent order forbids new H-1B visa recipients from entering the U.S. unless their sponsoring employer pays an additional $100,000 fee. The order exempts those already holding H-1B visas or who submitted applications prior to September 21.

    In an unprecedented move, Trump cited his authority under federal immigration laws to restrict entry of certain foreign nationals deemed harmful to American interests. He argues that the presence of many low-wage workers in the H-1B program has compromised its integrity and threatens national security by discouraging Americans from pursuing careers in science and technology.

    He also claimed that the “large-scale replacement of American workers” through H-1B visas undermines the nation’s economic stability and security.

    The plaintiffs argue that Trump lacks the constitutional and statutory authority to fundamentally alter the visa program and cannot unilaterally impose fees or taxes to generate revenue—that power belongs solely to Congress.

    “The proclamation transforms the H-1B program into one where employers must either ‘pay to play’ or seek a ‘national interest’ exemption, which will be at the Secretary of Homeland Security’s discretion, opening the door to unfair enforcement and corruption,” the lawsuit states.

    The groups allege that agencies, including U.S. Citizenship and Immigration Services and the State Department, implemented new policies following the proclamation without proper rulemaking procedures or assessment of how “extorting exorbitant fees will stifle innovation.”

    The H-1B visa offers 65,000 slots annually for foreign workers in specialized fields, with an additional 20,000 for those with advanced degrees. These visas are valid for three to six years.

    Last year, India was the top beneficiary of H-1B visas, accounting for 71% of approved petitions, followed by China at 11.7%, according to government data.