On Monday, October 20, the United States Citizenship and Immigration Services (USCIS) issued new guidance regarding the H-1B visa announcement made on September 19, confirming that the $100,000 H-1B visa fee only applies to new applicants outside the United States.
Previously, White House officials stated that the new fee would apply to most H-1B visa applications submitted from outside the United States after midnight on September 21 Eastern Time. Applications submitted after the effective date of the announcement will be required to pay the $100,000 fee, regardless of whether the foreign national is located within the United States at the time of application.
Applicants who submitted new H-1B visa applications before September 21 are exempt from the fee.
H-1B visa holders applying for extension, renewal, change of employer, or re-entry into the U.S. after leaving are also exempt from the fee.
Certain applicants who submitted new applications after September 21, such as F-1 visa holders applying for an H-1B visa after completing their studies, may also be exempt.
USCIS further explained that in “extremely rare circumstances,” such as cases where the position cannot be filled by U.S. workers or when immigration employment is in the national interest, visa fee waivers may be granted.
Applicants must pay the fee before submitting the H-1B application to USCIS. New applications must include proof of payment, and any application without clear evidence of exemption will be rejected.
In terms of payment methods, USCIS explicitly requires applicants to pay fees through the pay.gov platform, clarifying the often confused payment process as fees are typically collected through the USCIS official website.
The implementation of the new H-1B visa fee is one of the actions taken by the White House as part of ongoing immigration system reforms. The goal is to prioritize the rights of American workers, attract top talent globally, and prevent the system from being abused to bring in cheap labor.
Legal proceedings regarding the high fees for H-1B visas are still ongoing.
Sources: Newsweek, The Wall Street Journal.