[MrWiffles]

What I’m not clear on - how many of these H1B hires are subject to the EO that jacked up the fee to $100k per person? Assuming even just 100 of them were, that’s still ten million USD (assuming I didn’t visualize the zeroes in my head wrong…), and a really large fee to justify to the board if you’re otherwise paying “roughly the same” in salary. Productivity is going to basically break even anyway after a few years.

This is why I’m wondering: did the EO get blocked, paused for judicial review or something? Is it even in effect?

No intention to make this political, I’m legitimately curious about the status of the law and its actual applicability here. Supposed to be such a steep fine they literally couldn’t afford to do this - not with them already going cash flow negative to build out AI datacenters. So either it’s not applying (why?) or somehow they’re justifying one HUGE fee and somebody is floating them one astronomical loan - which again, why? Where’s the profit in taking that big a risk? Seems absolutely unhinged!

We’re missing something here. Or, at least, I am.

[nvgrw]

Very few, probably. It only applies to consular processing, and only brand new petitions. And that’s ignoring the likelihood that all of this might get struck down by a court (on appeal) at some point given the administration’s propensity for breaking the law. EOs aren’t law on their own.

[Izikiel43]

The fee only applies for consular processing, i.e., people outside the country.

There are a bunch of people in the country as students in US universities with an F visa. If they get a job, the employer can apply for an h1b, and the fee doesn't apply to them because they aren't getting a visa, they are changing status (might sound like potato/potata, but the difference exists and applies).

[duxup]

IIRC the legislation had a stipulation where the DHS head could wave the fee.

[suid]

Remember that there was a "one-time fee" exception for "favored clients" (read: friends of Trump), who could pay a single lump-sum of something like $1 million, and then apply for unlimited H-1B's at the old fee structure.

[MrWiffles]

I was not aware of this loophole. Thank you. I’ve got some strong opinions but I’m just going to keep those to myself right now. And my dog. She’ll hear me as I scream profanities into the void…

[declan_roberts]

The loophole does not exist. He's pulling it out of his arse.

[mikeyouse]

There's certainly the 'National Interest Exception' which the President / DHS Secretary can extend to anyone they determine to be deserving of skipping the $100k fee;

https://www.employmentlawworldview.com/update-to-the-new-100...

[Izikiel43]

There are a lot of international students in the US for whom the fee doesn't apply as they would be changing status, not getting a visa.

[declan_roberts]

Where are you getting this from?!

[mcmcmc]

Friends, or billionaires willing to build his state propaganda machine.

[pvelagal]

Trump's EO is crafted to hurt only Indian IT companies like Infosys, Wipro etc. American companies are more or less excluded from the EO.

[declan_roberts]

This is simply not true.

[lalaland1125]

False. Trump's EO, if anything, helps Infosys since the new systems (level lottery) are very easy to game

[pvelagal]

Trump’s EO - 100K H1B applies only to applicants from India, which is what Indian IT companies mainly focus on. Those who are in US or students on F1 visa are exempted and American companies like Amazon or FB or Google hire students or existing H1Bs.