TRANSCRIPT 🔗
WEBVTT
00:00:06.080 --> 00:00:25.039
Hello, everyone, and welcome back to Immigration in Focus, the podcast where we break down the hottest topics in immigration news in plain English so you can understand not only what is happening in the immigration world, but what it may mean for you, your family, loved ones, or your even your business.
00:00:25.280 --> 00:00:30.320
I'm Maria Aguilar, immigration attorney and owner of Florida Immigration Law Firm.
00:00:30.719 --> 00:00:36.640
So today we have two major immigration stories and both could have significant consequences.
00:00:36.880 --> 00:00:45.920
First, the Department of Homeland Security has proposed a very new and high fee for certain H1B petitions.
00:00:46.159 --> 00:00:50.960
And when I say a new fee, we're not talking about like adding a few hundred dollars.
00:00:51.200 --> 00:00:58.399
We're talking about a proposed additional fee of$103,265.
00:00:59.679 --> 00:01:01.679
Yes, you heard that correctly.
00:01:01.840 --> 00:01:06.480
More than$100,000 for a single H1B petition.
00:01:07.519 --> 00:01:10.560
Then we're going to talk about another major development.
00:01:10.719 --> 00:01:22.239
The Trump administration is preparing to revoke certain B-1 business and B-2 tourist visas belonging to people who later applied for asylum in the United States.
00:01:22.480 --> 00:01:28.239
Reports indicate that this could potentially affect up to 200,000 people.
00:01:28.959 --> 00:01:32.400
So once more, there's a lot to unpack today.
00:01:32.640 --> 00:01:34.480
So let's get started.
00:01:34.719 --> 00:01:58.000
So this proposed H1B fee on August 24th, 2026, the Department of Homeland Security announced a proposal that would establish an additional$103,265 fee for H1B cap subject petitions, including persons eligible for the advanced degree exemption.
00:01:58.480 --> 00:02:07.439
The proposed fee would be paid when the H1B petition is filed, and it would be in addition to other applicable filing fees and payments.
00:02:07.680 --> 00:02:12.960
Now, before anybody panics, I want to emphasize one very important word: proposed.
00:02:13.199 --> 00:02:21.360
This is a proposed rule, is not currently a fee that every H1B employee uh employer has to pay today.
00:02:21.599 --> 00:02:34.159
And that's extremely important to understand because when immigration headlines contain numbers this large, like for a filing fee, people understand understandably become very concerned like rather quickly.
00:02:34.400 --> 00:02:37.120
So let's explain what is actually happening.
00:02:37.439 --> 00:02:39.439
So, what is an H1B visa?
00:02:39.680 --> 00:02:47.520
The H1B program allows qualifying US employers to employ foreign professionals in specialty occupations.
00:02:48.000 --> 00:02:59.199
These are generally positions requiring highly specialized knowledge and at least a bachelor's degree or its equivalent in a specific specialty related to the job.
00:02:59.439 --> 00:03:10.639
We frequently see H1B workers in fields such as technology, engineering, medicine, finance, science, education, and other professional occupations.
00:03:11.439 --> 00:03:27.520
There is generally an annual H1B cap of 65,000 plus an additional 20,000 spots available under the advanced degree exemption for qualifying individuals who earned a master's degree or higher from a U.S.
00:03:27.520 --> 00:03:28.479
institution.
00:03:29.039 --> 00:03:34.240
And demand has historically been greater than the number of H1Bs available.
00:03:34.639 --> 00:03:39.840
So where does this$103,265 proposed fee come from?
00:03:40.159 --> 00:03:54.479
According to Department of Homeland Security, or what we call DHS, the proposed fee is intended to recover part of the federal government's broader costs associated with administering the lawful immigration system.
00:03:55.199 --> 00:04:17.439
DHS identifies costs involving immigration benefit adjudications, fraud detection, national security vetting, modernizations of government systems, immigration court operations, consular visa processing, labor standards enforcement, and coordination among government agencies.
00:04:17.920 --> 00:04:33.920
DHS estimates that based upon approximately 85,000 cap subject H1B petitions annually, the proposed fee could generate approximately$8.8 billion per year.
00:04:34.160 --> 00:04:41.040
Now, that's an extraordinary amount of money, but it raises an obvious practical question.
00:04:41.519 --> 00:04:49.680
What happens to employers who cannot afford this additional$103,265 for one employee?
00:04:50.079 --> 00:04:51.839
Think about the small employer.
00:04:52.079 --> 00:04:54.480
Imagine you're a smaller tech company.
00:04:55.040 --> 00:04:57.680
You found an outstanding software engineer.
00:04:57.920 --> 00:05:07.040
That employee may be working for you already in another temporary immigration status, say OPT following a student visa.
00:05:07.279 --> 00:05:09.839
You want to sponsor that person for an H1B.
00:05:09.920 --> 00:05:26.399
And under this proposal, this new fee, if the petition is kept subject and the rule eventually becomes final as currently proposed, the employer could face an additional fee exceeding the$100,000.
00:05:28.639 --> 00:05:34.639
So for large multinational companies, that's a significant expense.
00:05:34.879 --> 00:05:40.240
For a small business or startup, it could potentially end the conversation entirely.
00:05:40.399 --> 00:05:46.319
Employers may simply decide we cannot afford to sponsor this employee.
00:05:46.800 --> 00:05:52.319
And that's one reason this proposal could have consequences beyond immigration law.
00:05:52.800 --> 00:05:55.519
It could also affect recruiting.
00:05:55.839 --> 00:06:07.439
International students graduating from American colleges, universities, uh, small businesses, startups, and foreign professionals trying to build careers in the United States.
00:06:08.160 --> 00:06:10.879
So would every H1B petition have this fee?
Load full transcript
00:06:11.439 --> 00:06:11.759
No.
00:06:12.560 --> 00:06:14.480
This distinction is extremely important.
00:06:14.639 --> 00:06:19.839
This proposal concerns only CAP subject H1B petitions.
00:06:20.160 --> 00:06:37.920
According to DHS, the proposed additional fee would not apply to H 1B petitions that are not subject to the CAP, including certain petitions involving institutions of higher education, nonprofit research organizations, and governmental research organizations.
00:06:40.079 --> 00:06:50.240
So please don't hear$103,265 H1B fee and assume that every single H1B filing would automatically cost that amount.
00:06:50.480 --> 00:06:54.639
The details of the individual case and petition matter.
00:06:54.959 --> 00:06:56.959
And remember, this is not final.
00:06:57.519 --> 00:07:00.800
This may be the most important takeaway from this first story.
00:07:01.040 --> 00:07:04.000
As of this recording, this is just a proposed rule.
00:07:04.240 --> 00:07:14.000
There is a public comment process before DHS can move toward implementing a final rule, and the final version could potentially be changed.
00:07:14.240 --> 00:07:19.360
There may also be legal challenges if the government ultimately finalizes the rule.
00:07:19.600 --> 00:07:27.680
So if you're an employer or an H1B worker, don't make major decisions based only upon a headline you saw on social media.
00:07:27.920 --> 00:07:30.560
Pay attention to what actually becomes final.
00:07:32.000 --> 00:07:39.759
All right, let's switch gears here to story number two: possible mass revocation of B1 and B2 visas.
00:07:40.079 --> 00:07:45.040
Now let's turn to a development that could potentially affect a very different group of immigrants.
00:07:45.199 --> 00:08:02.000
According to reporting by the Associated Press and other news organizations, the Trump administration is preparing to revoke business and tourist visas belonging to foreigners who enter the United States as temporary visitors and later applied for asylum.
00:08:02.480 --> 00:08:07.519
The visas involved are generally B-1 business visas and B2 tourist visas.
00:08:07.920 --> 00:08:13.920
Reports indicate that as many as 200,000 people could potentially be affected.
00:08:14.240 --> 00:08:25.680
If implemented on that scale, the Associated Press reports that this could become the largest single mass visa revocation in United States history.
00:08:26.480 --> 00:08:28.959
So let's explain what this means.
00:08:29.199 --> 00:08:32.000
What is a B1 or a B2 visa?
00:08:32.399 --> 00:08:37.039
A B1 visa is generally associated with temporary business travel.
00:08:37.279 --> 00:08:43.679
A B2 visa is generally used for temporary tourism and certain personal visits.
00:08:44.080 --> 00:08:47.600
Many people receive a combined B1, B2 visa.
00:08:47.840 --> 00:08:56.799
So when someone applies for one of these visas, the basic idea is that the person intends to visit the United States temporarily and then leave.
00:08:57.600 --> 00:09:00.159
Asylum is completely different.
00:09:00.399 --> 00:09:12.399
An asylum applicant is essentially saying, I am afraid to return to my country because I believe I will face persecution based on the legally protected ground.
00:09:12.720 --> 00:09:22.639
So the government is focusing on people who originally obtained a temporary visitor visa but subsequently sought asylum.
00:09:23.440 --> 00:09:36.879
According to the State Department, it is coordinating with DHS to identify individuals who came to the United States claiming to be temporary visitors and later filed for asylum to remain here.
00:09:37.279 --> 00:09:41.840
Does applying for asylum automatically mean someone committed fraud?
00:09:42.240 --> 00:09:45.360
No, and this is where we have to be very careful here.
00:09:45.600 --> 00:09:47.360
Circumstances can change.
00:09:47.519 --> 00:09:54.000
Someone could, you know, happen, uh, something could happen after a person obtained a tourist visa.
00:09:54.240 --> 00:10:02.320
They came to the United States, but then political conditions and their country could completely change while they're here in the United States.
00:10:02.799 --> 00:10:10.000
The person could experience a threat or learn information that changes whether returning home is even safe.
00:10:10.639 --> 00:10:20.720
There can also be situations in which someone legitimately enters the United States temporarily, but then facts later develop a valid basis for seeking asylum.
00:10:20.960 --> 00:10:23.360
Every case has its own facts.
00:10:23.600 --> 00:10:34.159
So the simple fact that someone entered on a visitor visa and later applied for asylum does not by itself tell us the entire story of that person's immigration case.
00:10:34.960 --> 00:10:38.399
So does visa revocation meet immediate deportation?
00:10:38.720 --> 00:10:40.159
Not necessarily.
00:10:40.399 --> 00:10:42.639
This is another important distinction.
00:10:42.879 --> 00:10:50.000
The Associated Press reports that the planned visa revocations would not automatically result in immediate deportation.
00:10:50.720 --> 00:10:59.039
A visa, immigration status, asylum application, and removal proceedings are all related concepts, but they're not all the same thing.
00:10:59.279 --> 00:11:07.279
A visa is generally the document allowing the person to seek entry into the United States in a particular category.
00:11:08.240 --> 00:11:15.759
An asylum application is a separate request for protection, just to give you an explanation in simple terms.
00:11:16.320 --> 00:11:22.000
And removal from the United States generally generally involves its own legal procedures.
00:11:22.080 --> 00:11:37.440
And if you don't know what that means, a removal proceeding, you can listen to my podcast about uh what to expect if you're in immigration court and what to expect if you've lost your immigration case in court.
00:11:38.240 --> 00:11:44.559
That's why somebody affected by a visa revocation could should not assume
either extreme.
00:11:44.799 --> 00:11:49.759
Don't automatically assume my visa was revoked, therefore I'm being deported tomorrow.
00:11:50.000 --> 00:11:54.159
But don't assume my asylum case is pending, so this doesn't matter.
00:11:54.720 --> 00:11:59.120
You need to understand exactly what happened in your individual case.
00:12:00.240 --> 00:12:02.720
So, what should asylum applicants do?
00:12:02.879 --> 00:12:04.159
Here's some practical tips.
00:12:04.320 --> 00:12:16.159
If you enter the United States and you used a B1, B2 or the combination B1, B2 visa and later filed for asylum, there is a this is a development you need to follow very closely.
00:12:16.320 --> 00:12:18.399
Here are some few practical points.
00:12:18.639 --> 00:12:21.279
First, do not ignore any government notices.
00:12:21.440 --> 00:12:34.399
If you receive correspondence from the Department of State, USCIS, DHS, or any immigration court, read it carefully and speak with an immigration attorney if you do not understand it.
00:12:34.960 --> 00:12:43.279
Second, keep your address updated with the appropriate immigration agencies and immigration court if applicable.
00:12:43.519 --> 00:12:47.039
Missing an important notice can cause serious problems.
00:12:47.679 --> 00:12:55.279
Third, do not make international travel plans without getting advice about your individual immigration situation.
00:12:55.919 --> 00:13:05.200
Visa revocation and international travel can create complicated issues, particularly when an asylum application or removal case is pending.
00:13:05.600 --> 00:13:17.759
And number four, keep copies of all your immigration records in a safe place and also scan them, upload them, and save them in a cloud file or what we call a digital file.
00:13:18.000 --> 00:13:20.240
Maybe email it to yourself.
00:13:20.480 --> 00:13:39.440
That includes your passport, old and new, visas, I-94 arrival departure records, asylum applications, or any immigration applications, USCIS receipts, immigration court documents, and any notices from any of the government agencies.
00:13:39.919 --> 00:13:49.360
And finally, please do not rely exclusively on TikTok, Facebook, WhatsApp, or rumors from friends or discussion boards.
00:13:49.600 --> 00:13:55.360
Immigration policy is changing much too quickly for you to have the full picture.
00:13:56.559 --> 00:14:01.919
So to sum things up, we put today the two stories together.
00:14:02.159 --> 00:14:04.000
There is a broader scheme.
00:14:04.559 --> 00:14:15.200
Clearly, the federal government is increasing scrutiny not only of undocumented immigration, but also to legal immigration programs and temporary visa categories.
00:14:15.440 --> 00:14:19.120
The H-1B proposal affects employment-based immigration.
00:14:19.360 --> 00:14:29.039
And the reported B1B2 revocation initiative potentially affects temporary visitors who subsequently sought humanitarian protection like asylum.
00:14:29.440 --> 00:14:42.639
Both developments demonstrate why immigrants and employers need to pay attention to changes even after a visa had already been issued or an immigration process has already started.
00:14:43.120 --> 00:14:45.279
Immigration law is not static.
00:14:45.440 --> 00:14:54.320
Rules can change, policies can change, fees can change, enforcement priorities can change, but that doesn't mean you should panic every time you see a headline.
00:14:54.879 --> 00:15:05.519
It means you should understand what is actually final, what is only proposed, and how a change specifically affects your situation.
00:15:06.320 --> 00:15:20.240
So the recap: DHS has proposed an additional$103,600,$265 fee for CAP subject H1B petitions, including petitions under the advanced degree exemption.
00:15:20.399 --> 00:15:22.320
The proposal is not final.
00:15:22.960 --> 00:15:35.759
Separately, the administration is reportedly preparing to revoke B1 and B2 visas for potentially up to 200,000 foreign nationals who sought asylum after obtaining temporary visa visitors.
00:15:36.000 --> 00:15:37.759
Temporary visitor visas.
00:15:38.559 --> 00:15:49.679
The second development is still unfolding regarding the temporary visitor visas, and anyone potentially affected should continue to watch closely for official notices and further government guidance.
00:15:49.919 --> 00:15:56.720
We'll continue following both stories because, as we said, immigration policies change rapidly in 2026.
00:15:57.279 --> 00:16:00.159
I'm Maria Aguila, the Florida Immigration Law Firm.
00:16:00.240 --> 00:16:01.919
We are here in Jacksonville, Florida.
00:16:02.080 --> 00:16:05.600
We satellite offices in Orlando in the Tampa State Pete area.
00:16:05.759 --> 00:16:09.519
You can find us at immigrationlawfla.com.
00:16:09.840 --> 00:16:15.840
Call our office at 904 385 9377.
00:16:16.399 --> 00:16:19.200
Thank you for listening to Immigration and Focus.
00:16:19.440 --> 00:16:24.480
Stay hopeful, stay informed, and I'll see you in the next episode.