Increase to H-2A Visa Fee May Dissuade Employers from Seeking Essential Foreign Labor

Fisher Phillips
Contact

Fisher Phillips

Adding to the burden on employers leveraging the H-2 visa, the Department of State just published its own proposed rule outlining that this H-category of visa fees will jump from $190 to $310. This mimics additional burdens on these employers created by the Department of Labor’s wage analysis as seen in the Department of Labor’s staggering increases to H-2A employers’ Adverse Effect Wage Rates.

Impact on H-2A Visas

In its announcement, the Department of State specifically singled out H-2A visas. Instead of focusing on the huge jump in visa cost itself, the Department compared the visa cost to that of all H-2A expenses concluding, “this increases the total cost of bringing a worker by just over one percent.” This reflects the lack of understanding the government has with the needs of businesses.

What Can Employers Do Now?

The Comment period is open until February 28, 2022. Many of the comments already submitted request a more gradual increase. They note that this jump was unpredictable and will have a negative impact on visa users, particularly farmers, who budget for such program costs when planning for the next year.

Users should work with associations and submit public comments. Employers may post a public comment by clicking here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Fisher Phillips | Attorney Advertising

Written by:

Fisher Phillips
Contact
more
less

Fisher Phillips on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.