By Kimone Francis/Senior Staff Reporter,The Gleaner

Copyright jamaica-gleaner

A United States-based immigration attorney says the Trump administration’s changes to the H-1B visa requirements to include a US$100,000 fee per applicant will not impact Jamaica and nationals seeking the travel document in any significant way.

The US issued 478 H-1B visas to Jamaicans in its 2024 fiscal year and 272 up to May of its 2025 fiscal year, according to State Department records accessed by The Gleaner.

However, Florida-based attorney-at-law Oliver Langstadt believes that the new policy is expected to have greater impact on nationals of India, who largely pursue careers in technology.

“If I were to guess, it might be up to a couple hundred, but I think the overwhelming majority are other countries; so you don’t expect it to impact us in any significant way. No, it won’t impact Jamaica. Where you’re seeing the impact is in, you know, other areas; obviously, the removal, the deportation, that’s where you’re going to see problems,” said Langstadt, a St Mary native, on Monday.

US President Donald Trump signed an executive action on Friday to impose the US$100,000 application fee for H-1B visas – to curb what his administration says is the overuse of the programme.

The H-1B travel document, according to the State Department, is for temporary workers of distinguished merit and ability performing services other than as a registered nurse.

Overall, the US issued 17,850 visas in its H categories in the last fiscal year; however, Jamaicans largely benefit from the H-2A and H-2B programmes.

The H-2A caters to temporary workers performing agricultural services, while H-2B facilitates temporary workers performing other services.

Langstadt said the latter two categories are not in danger of having any new requirements being implemented that would put those seeking visas at a disadvantage, given the need for those workers.

“What is getting very difficult are the interviews for visas to come to the US, whether it’s an immigrant visa based on marriage or things like that. I am getting reports from clients that at some of the interviews they’re really giving them a hard time, and they’re starting to ask not only about social media, but everything you have said. Anything critical of the administration you have said; any quote against democracy, things like that. But I don’t think this particular ban, or I should say restriction, by the administration will impact Jamaicans terribly,” he said.

He explained that conservatives and some in the Trump administration have always felt that the H-1B visa programme favours foreign workers over US workers, noting that this is not necessarily the case.

He said the visa is largely issued to foreigners who have college degrees and are travelling to the US to work in jobs that require college degrees as a minimum entry-level requirement, usually in the IT sector for big players like Microsoft, Oracle and Cisco.

The executive action took effect on September 21 and is set to expire in 12 months. It will not affect H-1B holders already in the US, but may affect their re-entry if they leave, Langstadt said.

“For H-1B workers who are currently outside the US, what this is effectively doing is preventing small businesses from employing H-1B workers, because which small business or family-owned business has US$100,000 lying around to pay for that? It probably doesn’t interfere with the big guys like Microsoft, Oracle and Cisco, but still, it is a huge hit on the H-1B programme, and, of course, those who are outside the US hoping to come in,” he said, adding that it will affect those who have already obtained the travel document but have not yet made their way into the country.

Langstadt said, traditionally, there is an influx of H-1B visa holders into the US on October 1, noting that the administration was deliberate in its effective date.

Approximately 65,000 H-1B visas are issued per US fiscal year.

He theorised that US companies will be at a disadvantage in competing for foreign talents against the likes of China, which, he said, is far advanced in areas such as artificial intelligence.

“I have represented Jamaicans, and more recently, a Jamaican who had particular skills in cybersecurity and she’s now working for an American company that provides security for physical federal locations like courthouses. She came on the H-1B and she’s extremely well-qualified. So I think it has an impact because they’re (large corporations) going to have a harder time competing because I don’t know if that company will have in the future US$100,000 per employee,” he said.

kimone.francis@gleanerjm.com

H visas for Jamaica: 17,850 – H1B, H2A, H2B, H4

Fiscal year 2025

October 2024 – H1B 55

November 2024 – 35

December 2024 – 72

January 2025 – 28

February 2025 – 20

March 2025 -26

April 2025 – 18

May 2025 – 18

Total – 272

H1B – Temporary worker of distinguished merit and ability performing services other than as a registered nurse

H2A – Temporary worker performing agricultural services

H2B – Temporary worker performing other services

FISCAL YEAR 2024

October – 41

November – 40

December – 77

January – 18

February – 13

August – 41

September – 38

Total – 478

Fiscal year runs from October to September