USCIS Specifies $100,000 Fee Requirement for H-1B Visa Applicants
The U.S. Citizenship and Immigration Services (USCIS) has issued clarified guidance regarding the recent $100,000 fee requirement for H-1B visa applicants. This fee, which was implemented in September 2021, affects new applicants seeking H-1B visas from abroad.
Details of the $100,000 Fee Requirement
According to USCIS, the fee applies under specific conditions:
- The fee is applicable for H-1B applications submitted on or after September 21, 2021.
- It targets workers who are currently located outside the United States.
- The fee must be paid prior to submitting the H-1B visa application.
Exceptions to the Fee
Importantly, exemptions exist for certain scenarios:
- The fee does not apply to individuals transitioning from one visa type to another, such as from F-1 to H-1B.
Background and Reactions
The new fee requirement was announced on September 19, 2021, by President Trump. He stated that the change aims to address potential abuses within the H-1B program. The intent is to ensure that companies do not exploit the system to pay lower wages to foreign workers, thus undercutting U.S. employees.
The announcement has sparked legal challenges. Earlier this month, the U.S. Chamber of Commerce filed a lawsuit against the fee, asserting its unlawfulness. Additionally, a coalition of health care organizations and labor unions has also initiated a legal challenge.
The implementation of this fee marks a significant shift in how H-1B visa applications are processed and raises concerns among employers regarding hiring practices and compliance.
