High H-1B approvals mask rising employer burdens

U.S. Citizenship and Immigration Services approved a record number of H-1B petitions in fiscal year 2024, but the high approval rate obscures mounting financial and administrative pressures on employers, according to immigration attorneys and corporate filings.

Employers face rising legal fees, higher wage requirements under Department of Labor rules, and increased scrutiny of job duties and work sites. The average cost to sponsor a single H-1B worker has risen to over $10,000, including filing fees, attorney costs, and prevailing wage adjustments.

New Department of Homeland Security regulations, effective this year, require employers to maintain a public access file for each H-1B worker and to pay for return transportation if the worker is terminated. Noncompliance can lead to fines or debarment from the program.

The H-1B program remains the primary visa for skilled foreign workers, but the added burdens have led some companies to reduce their reliance on the visa. A survey by the National Foundation for American Policy found that 28% of tech employers are now considering alternatives such as remote work or hiring through foreign subsidiaries.

USCIS data show that the approval rate for H-1B petitions reached 97% in FY 2024, up from 84% in FY 2020. However, immigration lawyers note that the high rate reflects a more selective applicant pool, as many smaller employers have been discouraged by the costs and complexity.