The U.S. Department of Homeland Security has released important clarifications concerning the $100,000 fee for H-1B visas. This update addresses concerns and follows a lawsuit filed by the U.S. Chamber of Commerce, which deemed the initial rules “unlawful.”
The latest guidance offers significant advantages for those presently on H-1B visas. It has been confirmed that individuals transitioning from other visa statuses, such as F-1 student visas, to an H-1B will be exempt from the $100,000 application fee. Additionally, existing H-1B visa holders applying for amendments, changes of status, or extensions of stay while remaining in the U.S. will not incur this charge.
In a major reprieve, current H-1B visa holders are assured that their ability to travel in and out of the U.S. will not be impacted. The proclamation’s scope is limited to new visa petitions for individuals outside the U.S. who do not currently hold an active H-1B visa. An online payment link is available for processing these new applications.