By Lydia DePillis

Copyright nytimes

Some solutions would require congressional action. Lawmakers have proposed fixes like requiring employers to look harder for domestic applicants before recruiting outside the country, or banning layoffs of workers who are replaced by visa holders. They have also considered more targeted measures to crack down on wage suppression by outsourcing companies. The Biden administration finalized a rule in its last days allowing for tougher oversight.

The $100,000 fee, however, came out of nowhere.

“Up until this weekend, business felt aligned with the Trump administration on the need to modernize the H-1B program,” said Jennie Murray, president of the National Immigration Forum, which helps companies integrate their foreign-born workforces and pushes for immigrant-friendly policies.

The White House said the fee would ensure that employers only submit petitions for workers they need so much that they’re willing to pay an extra $100,000 to get them. But the employers that profit the most from H-1B workers — including workers who are relatively low-paid — would still have an incentive to request visas.

“If they keep the H-1B worker for six years, it’s a worthwhile investment,” said Daniel Costa, director of immigration law and policy research at the labor-aligned Economic Policy Institute.

The largest tech companies could afford the fees, improving their chances in a crapshoot that right now gives them only one in five odds. And the fee is only required for people applying from outside the United States. It is easier for multinational corporations to bring their desired workers into the country on other visa types before transferring them to an H-1B, allowing them to skip the fee. More than half of H-1Bs are granted to people who are already in the United States.