A number of higher education institutions and the associations that represent them are asking to be exempted from the new $100,000 H-1B visa application fee, saying the prohibitive cost could be detrimental to the recruitment and retention of international faculty, researchers and staff members.

In a letter to the Department of Homeland Security last week, the American Council on Education argued that such individuals “contribute to groundbreaking research, provide medical services to underserved and vulnerable populations … and enable language study, all of which are vital to U.S. national interests.” Without them, ACE and 31 co-signers said, key jobs in high-demand sectors such as health care, information technology, education and finance will likely go unfilled. 

The letter came just days after U.S. Citizenship and Immigration Services launched a new online payment website and provided an updated statement on policies surrounding the fee. UCIS clarified that the fee will apply to any new H-1B petitions filed on or after Sept. 21, and it must be paid before the petition is filed.

The update also referenced possible “exception[s] from the fee” but said those exceptions would only be granted in an “extraordinarily rare circumstance where the Secretary has determined that a particular alien worker’s presence in the United States as an H-1B worker is in the national interest.”

ACE said that H-1B visa recipients in higher education certainly meet those standards, citing data from the College and University Professional Association for Human Resources that shows that over 70 percent of international employees at colleges and universities hold tenure-track or tenured positions. The top five disciplines they work in are business, engineering, health professions, computer science and physical
sciences.

“H-1B visa holders working for institutions of higher education are doing work that is crucial to the U.S. economy and national security,” the letter reads.

Despite the clarification provided by UCIS, ACE still had several remaining questions about the fee. These included whether the $100,000 would be refunded if a petition was denied and whether individuals seeking a “change of status” from an H-1B to an F-1 or J-1 would still be required to pay the fee.

At least two lawsuits have been filed against DHS concerning these visa fees. Neither has been issued a ruling so far.