USCIS Clarifies $100,000 H-1B Visa Fee - US-Trained Foreign Students Exempt

Relief to International Students in the US

International students in the United States have been given substantial relief in terms of the new H-1B visa fee. The US Citizenship and Immigration Services (USCIS) has made it clear that the newly raised fee of $100,000 will only be applicable for those who apply outside the US.

Students who have completed their studies in the US and now want to apply for H-1B visas will not be required to pay the new fee. The move is intended to help those already in the US with valid visa status, like F-1 visa students looking to switch to H-1B status.

Fee Rules and Effective Date

Based on the USCIS announcement, the new fee schedule applies only to those who have filed after September 21. Those who applied and were approved prior to this date will be governed by the old rules.

USCIS also assured that services of online payment are now available for H-1B visa fee transactions. The fee of $100,000 needs to be paid in full upon application and is non-refundable, even if the application is denied.

Who Is Eligible for the Exemption

The exemption is given to:

F-1 student visa holders who are being transferred to H-1B status.
People already in the US on a valid visa status.
Existing H-1B visa holders renewing or amending their status.

This implies that applicants who are already residing, learning, or working in the US do not pay the new fee.

Companies Applying for Foreign Employees

Enterprises seeking H-1B visas for employees from outside the US can also request exemptions but under stringent conditions. The enterprises must furnish:

An official letter detailing how the employee's job promotes the national interest of the US.
Evidence that no qualified employee is locally available to fill the job.
Documentation of the foreign worker's qualifications supporting the visa request.
All petitions for exemption should be filed along with the H-1B petition.