Indians are celebrating new regulations that exempt migrant students from President Donald Trump’s $100,000 fee on new H-1B outsourcing workers.
“HUGE Immigration News!” declared Deedy Das, an Indian migrant who boasted of using other Indians to help him win an O-1 work visa. “If you studied in the US, the [Trump $100,000] fee doesn’t affect you. I’m now positive on this rule!”
“MASSIVE loophole,” tweeted immigration lawyer Charles Kuck. “[If] You come as a visitor/student/other nonimmigrant visa, you don’t need to pay the fee.”
“Game change for foreign grads,” declared Atal Agarwal, an advocate for Indian migrants:
Trump’s $100,000 H-1B fee won’t apply to: – Students switching from F-1 to H-1B inside the US – Current H-1B holders extending their status – Any status changes happening domestically
Only affects NEW petitions for workers outside the country
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The work permits are distributed via President George W. Bush’s huge Optional Practical Training (OPT) and Curricular Practical Training (CPT) programs. In 2024, for example, White House officials granted work permits to 400,000 foreign graduates to help them take the career-starting jobs needed by U.S. graduates.
Many of the foreign graduates are hired for U.S. jobs via ethnic networks that exclude American professionals. The foreign graduates are also aided by low-wage, low-tax loopholes in employment laws.
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The work permits are especially valuable for foreign migrants because they help fund their stay in the United States while they apply to the H-1B lottery for the visas that include the option of residency and citizenship.
Now the loophole also ensures that more U.S. employers are likely to pick more U.S.-based foreign graduates for the roughly 110,000 new H-1B visas that are handed out each year. There is no cap to the annual inflow of H-1B workers.
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