"H-1B Visa Fee Increased 100-Fold, Applies Only to New Applicants Residing Abroad"
WSJ Reports, Citing Detailed Guidelines from Immigration Authorities
The United States immigration authorities announced on October 20 (local time) that the increase in H-1B visa fees would apply only to new visa applicants residing outside U.S. territory.
The Wall Street Journal reported that on this day, the U.S. Citizenship and Immigration Services (USCIS), under the Department of Homeland Security, released detailed guidelines outlining the scope of the $100,000 H-1B visa fee, commonly referred to as the professional visa.
These detailed guidelines were issued following ongoing confusion after President Donald Trump announced last month that the H-1B visa fee would be dramatically increased to $100,000, which is 100 times the previous amount.
According to the announcement, the $100,000 payment for H-1B visa applications applies to cases submitted after 12:01 a.m. Eastern Time on the 21st of last month, where the applicant is located outside the United States and does not hold a valid H-1B visa.
Additionally, if an H-1B application submitted after the same time requests a change of visa status or an extension of stay, but USCIS determines the foreign national is ineligible, the $100,000 fee must also be paid.
Foreign nationals required to pay the $100,000 fee for an H-1B application can do so through the federal government’s payment website, 'pay.gov', and the fee must be paid in full before the application is submitted.
If an H-1B visa application is submitted without proof of payment of the $100,000 fee or without documentation granting an exemption from the fee, the application will be rejected.
According to the announcement, U.S.-based employers do not need to pay the new $100,000 fee for employees such as existing international students or others who are already residing in the United States.
According to U.S. government statistics, of the 141,000 new H-1B visa applicants last year, approximately 54% were immigrants already residing in the United States.
The H-1B visa program, established by Congress in 1990, is initially valid for three years and can be extended for up to six years. Including the 20,000 quota specially allocated to holders of advanced degrees (master’s or higher), a total of 85,000 visas are issued annually.
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However, this measure has not gained support from American businesses. On October 16, the U.S. Chamber of Commerce filed a lawsuit, claiming that the Trump administration’s 100-fold increase in H-1B fees is “illegal and in violation of immigration law provisions.”
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