US immigration: Who is exempt from $100,000 H-1B visa fee?
What's the story
The United States Citizenship and Immigration Services (USCIS) has clarified the new $100,000 annual fee for the H-1B visas. The fee was introduced by President Donald Trump in September to "protect American workers" and curb alleged abuse of the visa program. The USCIS's clarification comes after confusion among employers and visa holders. So, who are exempted from the fee? Let's find out.
Fee applicability
Who is exempt from the new fee?
The USCIS clarified that the $100,000 fee is only for new petitions for foreign workers outside the US. Existing H-1B visa holders and those changing status within the US are exempt from this fee. This means current visa holders can renew or extend their stay without paying this additional charge.
Cost burden
Employers to bear costs
The USCIS has made it clear that the cost of this new fee will be borne by employers sponsoring foreign workers. A dedicated online portal has been set up for processing and paying this fee. The move is intended to "protect American workers" and address what the administration views as "abuse" of the visa program, which could impact the hiring of skilled international workers, including those from India.
Exemption list
USCIS lists the exemptions
The USCIS has also detailed who is exempt from the new fee. This includes the existing H-1B visa holders seeking renewal or extension, the F-1 student visa holders applying for H-1B status within the US, and L-1 visa holders changing status to H-1B from within the US. Foreign nationals with expired visas reapplying with an approved petition are also exempted.
Program impact
Indians account for 70% of all new H-1B allocations
The H-1B program is crucial for India's technology sector, with roughly 300,000 Indian professionals currently holding these visas. Indians account for about 70% of all new H-1B allocations every year. The previous visa fees ranged from $215-5,000 depending on company size and role type.