Lynn committee hears briefing on H‑1B visas and potential district implications after federal fee change

Attorney Charlie Gallo briefed the committee on H‑1B visas, explaining their purpose, duration, caps and recent federal developments that could affect district hiring.

Gallo summarized key features: an initial three‑year term with one renewal for a six‑year maximum; a fiscal cap of 65,000 visas plus 20,000 for applicants with a U.S. masters degree; and specialty‑occupation requirements that commonly include teachers and professors. He said preparation fees for petitions can total several thousand dollars (he cited a $2,300 base from a vendor and total costs approaching $5,000, with expedited cases near $9,000).

On Sept. 2025, Gallo said he was quoting a presidential proclamation that "applications for new visas needed to be accompanied by a payment of $100,000 on top of the application fee," which, if applied, would make new H‑1Bs unaffordable in many public‑sector settings. He noted, however, that recent Department of Homeland Security guidance indicates the new fee is not applicable to existing visa holders and that the proclamation is currently prospective and time‑limited.

Gallo told the committee he had not drafted a specific district policy and suggested districts without codified rules have managed requests case‑by‑case to account for fluctuating caps, costs and labor‑law considerations. He said he had consulted with labor counsel about the risk of creating an obligation to pursue a visa if caps are met or funds are unavailable.

Committee members asked clarifying questions about duration and renewals; staff confirmed renewals under current guidance are not subject to the new six‑figure fee. The committee did not take formal action but asked staff to gather written sources and to consider next steps if needed.