Three Republicans joined Democrats in writing a letter to United States President Donald Trump and Commerce Secretary Howard Lutnick to oppose the $100,000 fee imposed on H-1B visas for foreign talent and urge them to reconsider the new fee hike.
The Republicans who wrote to the president and the commerce secretary are Reps. Jay Obernolte of California, Maria Elvira Salazar of Florida and Don Bacon of Nebraska.
They signed a letter with three Democrats — Sam Liccardo of California, Suhas Subramanyam of Virginia and Greg Stanton of Arizona — saying that raising the H-1B visa fee “will weaken our competitiveness” against other countries.
The representatives said in the letter that the fee increase would unfairly burden start-up employers and small businesses, especially those that are not yet profitable.
“Specifically, we heard clearly from technology innovators that the $100,000 annual fee under the statement is disproportionately expensive for start-up employers and small companies, particularly those that have not yet become profitable,” it said.
Also read | Answers to the most frequently asked questions about the $100,000 fee for H-1B visas
“The recently announced H-1B visa changes will undermine the efforts of the very catalysts of our innovation economy — startups and small technology firms — that cannot absorb costs at the same level as larger firms,” the letter reads.
The lawmakers went on to say, “We agree that the H-1B visa program can be improved and that reform is needed to better align the system with American values and workforce needs.”
“At the same time, we are concerned that the recent proclamation related to H-1B visa petitions will create significant challenges for American employers and weaken our overall competitiveness.
They warned that if American companies do not hire foreign talent, workers will return to their home countries, such as India, China, Israel or Europe, to start companies that directly compete with American firms.
“It will prevent those fast-growing American startups from recruiting and retaining critically needed talent, undermine their growth, reduce the employment of American citizens with the same employers, and threaten our nation’s technological leadership and global competitiveness.”
Who does the H-1B visa fee increase apply to?
Recently, the new H-1B visa fee increase guidelines declared that the $100,000 H1B visa fee will not apply to applicants seeking a “change of status” or “extension of stay.”
USCIS has confirmed that the $100,000 H-1B fee can be avoided if the applicant enters on another visa (eg, F-1 International Student Visa, L-1 International Company Visa) and then transitions to an H-1B in the US.
They can re-enter the US on their H-1B and will not be penalized.
According to USCIS’s official website, the Proclamation does not apply to any previously issued and currently valid H-1B visas or any petitions filed prior to September 21, 2025 at 12:01 a.m. ET, and does not prevent any current H-1B visa holder or any post-petition alien beneficiary from entering and exiting the United States.
