Harvard could face $100,000 fee for every new H-1B worker under Trump proclamation
Harvard University may soon be required to pay a $100,000 fee for each new H-1B worker it sponsors, following an executive proclamation signed by President Donald Trump on Friday. The fee applies to all new H-1B visa applications and could significantly impact academic institutions that rely on foreign talent, as reported by the Harvard Crimson.
As universities nationwide assess the ramifications, the coming weeks are likely to bring additional federal guidance and potential court decisions that will determine the future of the H-1B fee and its impact on academic institutions.
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Potential multimillion-dollar impact
Data from the US Citizenship and Immigration Services indicates that between 2017 and 2024, Harvard sponsored an average of 125 new H-1B visas annually. If the university continues at this pace, it could incur more than $10 million in fees each year. While the proclamation targets new applications only, it raises concerns about the financial strain on universities that actively recruit international scholars and researchers. Harvard has not disclosed whether it plans to alter its H-1B sponsorship strategy in response to the fee.H-1B visas and academic roles
H-1B visas allow foreign workers in specialty occupations to live and work in the United States temporarily. In academia, the program supports faculty members, postdoctoral fellows, and researchers, often for appointments lasting several years. The visas generally require renewal after three years, with a maximum stay of six years. According to Harvard’s International Office, the university sponsors H-1B visas for temporary academic roles but not for staff positions.Clarification from the Department of Homeland Security
The Department of Homeland Security (DHS) clarified that the $100,000 charge is a one-time fee for new applicants. Current H-1B visa holders may continue to travel in and out of the US under existing rules. Prior to the DHS guidance, Harvard’s International Office emailed H-1B affiliates recommending that they consult with advisers before international travel. The office noted that exceptions may be possible, but further guidance and formal rulemaking are expected in the coming weeks.Wider uncertainty in higher education
The announcement initially prompted caution across US universities. Institutions including Yale and Dartmouth advised their H-1B affiliates to avoid international travel until the rules were clarified. Harvard’s International Office later updated guidance, stating that the university was working to fully understand the implications of the proclamation.Presidential rationale and legal context
The proclamation cites “systemic abuse” of the H-1B visa program, asserting it threatens US economic and national security and disadvantages American college graduates seeking IT employment. The president invoked authority under the Immigration and Nationality Act to restrict the entry of noncitizens deemed detrimental to US interests—a power previously upheld by the Supreme Court in the 2018 Trump v. Hawaii case.Legal challenges likely
According to the Harvard Crimson, experts say the fee is legally contentious. Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, described the move as “absurdly unlawful,” noting that presidential authority to suspend entry does not extend to imposing fees on visa applicants. Legal challenges are expected to follow, potentially delaying or altering the implementation of the proclamation.As universities nationwide assess the ramifications, the coming weeks are likely to bring additional federal guidance and potential court decisions that will determine the future of the H-1B fee and its impact on academic institutions.
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