New H-1B visa fee applies only to fresh applications: USCIS clarifies

Washington, DC [US], September 21 (HBTV): The US Citizenship and Immigration Services (USCIS) clarified that the USD 100,000 fee on H-1B visa applications will apply only to new applicants and not to petitions submitted before September 21.

Joseph B Edlow, Director of USCIS, said in a memorandum on Saturday (local time): ‘This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who are the beneficiaries of petitions filed prior to the effective date, beneficiaries of currently approved petitions, or those in possession of validly issued H-1B non-immigrant visas.’

White House Press Secretary Karoline Leavitt also confirmed the clarification. She said the USD 100,000 fee is a one-time charge and not an annual levy, addressing misconceptions about its application.

‘To be clear: This is NOT an annual fee. It’s a one-time fee that applies only to the petition. This applies only to new visas, not renewals, and not current visa holders,’ Leavitt said in a post on X.

She further added that the fee will not apply to existing H-1B visa holders currently outside the United States. ‘Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged USD 100,000 to re-enter. H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation,’ she said.

According to Leavitt, the new fee structure will be implemented in the upcoming lottery cycle.

With 71 to 72 per cent of H-1B visas going to Indians, the move has raised concerns about its impact on Indian tech professionals and remittances.

The Indian government has directed its Missions and Posts to extend support to Indian nationals travelling back to the United States within the next 24 hours. It said on Saturday that the full implications of the US decision are being studied by stakeholders, including Indian industry, and warned of possible humanitarian consequences for families due to disruptions.

In a statement on the restrictions to the US H-1B visa programme, the Ministry of External Affairs said: ‘The Government has seen reports related to the proposed restrictions on the US H-1B visa program. The full implications of the measure are being studied by all concerned, including by Indian industry, which has already put out an initial analysis clarifying some perceptions related to the H-1B program. The industry in both India and the US has a stake in innovation and creativity and can be expected to consult on the best path forward.’

(ANI)