Tuesday, 02 January 2024 12:17 GMT

Explained: US Immigration Gets More Expensive What GCC Expats Need To Know


(MENAFN- Khaleej Times) The author is legal director at The American Legal Center in Dubai and a specialist in US EB-5 investor visas.

For thousands of expatriates across the GCC, access to the United States forms part of a familiar plan. Children attend American universities, professionals pursue careers with US companies, families travel for business and holidays, and investors consider permanent residence. That access is becoming considerably more expensive.

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Three distinct US immigration measures illustrate this trend. The first is a proposed fee of $103,265 for most new H-1B petitions. The second is the expanded visitor visa bond programme, under which certain applicants may be required to post up to $20,000. The third is the automatic increase in EB-5 minimum investment amounts scheduled for January 1, 2027. Together, they raise the cost of visiting, working in and securing permanent residence in America.

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The measures are legally different. One is a proposed employer-paid fee, another is a refundable bond and the third is capital invested in a US enterprise. Together, however, they point in the same direction: access to America remains available, but at a higher price.

The most closely watched development concerns the H-1B programme, through which US companies recruit foreign professionals. The administration initially introduced a $100,000 payment for certain new H-1B cases involving workers seeking visas or entry from abroad. That policy was struck down after courts questioned whether the executive branch had sufficient congressional authority to impose such a charge.

How GCC families with children studying in US will be affected?

The Trump administration has now proposed a $103,265 fee through the formal federal rule-making process. Unlike the earlier policy, the replacement would reportedly apply to most new H-1B petitions, including those filed on behalf of foreign nationals already inside the United States. It is not yet final and is likely to face further legal challenges.

That matters to GCC families with children studying in America. Under the earlier policy, an international student could potentially change from F-1 to H-1B status without immediately encountering the entry-based payment. The replacement proposal could remove that distinction, meaning an employer may face the fee when sponsoring an international student, even if that graduate remains inside the country.

The employer would generally pay the fee, but the graduate would feel its effect. An experienced specialist may justify the expense. A recent graduate may find it harder to persuade a company to assume a six-figure immigration cost before salary and other employment expenses.

How Gulf expats will be affected by proposed hike in H-1B visa fee?

The second increase affects visitors. Under the expanded visa bond programme, nationals of designated countries applying for B-1/B-2 visit visas may be required to post $10,000, $15,000 or $20,000. The bond should be returned if the traveller complies with the conditions of admission and leaves on time, but tying up that amount can still burden a family. No GCC nationality is currently on the designated list. However, the Gulf is home to millions of expatriates, and the programme applies according to the traveller's passport rather than the country of residence.

Why GCC investors need to dig deeper in their pockets?

The third increase concerns permanent residence through investment. EB-5 currently requires a minimum investment of $800,000 in a government pre-approved project. On January 1, 2027, the amount will automatically adjust for inflation, which will likely price the programme near $1 million. Petitions filed on or after that date will be subject to the higher thresholds. Transferring funds before January is not necessarily sufficient. Investors generally need to document the lawful source of their capital, make the qualifying investment and file the petition before the adjustment takes effect.

For GCC families, continuing uncertainty around the Strait of Hormuz has renewed interest in geographic diversification. The UAE Government's calm and effective management of regional developments has preserved stability, confidence and everyday continuity at home. Nevertheless, for many expatriate families, maintaining a Plan B through overseas education, a second residence or permanent residence in the West has become an inevitable part of long-term planning.

America is not closing every door. But whether the objective is to visit, work or settle permanently, the price attached to entering is rising.

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Khaleej Times

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