Kenyan H-1B Visa Holders at Risk as US Imposes Ksh12.9 million Employer Fees
Kenyans in the US under the H-1B visa program may be jobless after US President Donald Trump issued an executive order requiring companies to pay a mandatory $100,000 (approximately Ksh12.9 million) processing fee to hire foreign workers.
The new directive effective September 21 will prevent foreign workers – including Kenyans who temporarily leave the US – from returning unless their employers pay the fee. This could disrupt the careers of Kenyans working in sectors heavily reliant on H-1B sponsorship.
Employers will not only pay the $100,000 fee upon hiring a foreign worker but will also pay the same amount annually from the time of registration. Failure to comply will result in denied entry for employees and other penalties, with the Departments of State and Homeland Security overseeing enforcement.
The H-1B visa program allows US employers to hire foreign nationals in specialty occupations such as IT, engineering, healthcare, finance, architecture, research and education. Eligible jobs require at least a bachelor’s degree and specialized knowledge in the field.
Kenyans working in high demand sectors like IT and computer science, consulting, healthcare, finance, engineering and research will be most affected. Current statistics show there are around 700,000 H-1B visa holders in the US and 550,000 dependents.
Trump’s administration says the fee is to prioritize American workers, prevent wage undercutting and safeguard national security. Critics however say it will harm critical industries that rely heavily on foreign talent – healthcare, technology and higher education.
Employers will also have to maintain documentation of fee payments which will be verified during the visa petition process. The Departments of Labor and Homeland Security will issue guidance on verification, audits and enforcement.
As the September 21 deadline approaches, H-1B visa holders and their employers are left uncertain about the future of foreign labor in the US.
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Kenyan H-1B Visa Holders at Risk as US Imposes Ksh12.9 million Employer Fees