Following initial confusion and widespread concern over a newly announced $100,000 H-1B visa fee, U.S. immigration authorities have issued a clarification that significantly alleviates the burden for many Indian students and tech workers. The September proclamation had cast a shadow over the American dream for thousands.
The U.S. Citizenship and Immigration Services (USCIS) has now pinpointed the exact application of the fee. It will apply exclusively to new H-1B petitions filed for individuals who are outside the United States and do not hold a current H-1B visa. This key clarification means that individuals already present in the U.S. under different visa statuses, including the large population of Indian students, can transition to H-1B status without facing the hefty $100,000 charge.
Moreover, the agency has confirmed that the fee does not extend to H-1B amendments, extensions, or re-entry for individuals who already possess an H-1B visa. This provides a vital safety net for existing visa holders and those planning to travel and return. The USCIS explicitly stated that prior approvals and valid visas are not impacted by this proclamation.
This detailed guidance is a welcome development for Indian professionals, who constitute a significant majority of H-1B visa recipients. The clarity from USCIS reassures employers and applicants alike, ensuring that the H-1B pathway, while subject to specific stipulations for foreign applicants, remains a viable option. Employers filing petitions will need to ensure compliance with the new fee structure for eligible foreign-based applicants, with provisions for rare exemptions and the need for advance payment.
