USCIS clarifies who must pay $100,000 fee for H-1B visas

New USCIS Guidance Clarifies $100,000 Fee for H-1B Visas

Recently, the U.S. Citizenship and Immigration Services (USCIS) provided clarity on the $100,000 fee imposed in September for obtaining H-1B visas for skilled foreign workers. According to the guidance, this fee only applies to new applicants residing abroad.

As stated on the USCIS website, the $100,000 charge is applicable to applications filed on or after Sept. 21 for individuals outside the U.S. who are not current H-1B visa holders. Additionally, the fee is required if a petition filed on or after the same date requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.

Prior to applying for an H-1B visa, the $100,000 payment must be made. However, it is important to note that the fee does not apply when an applicant transitions from one type of visa to another, such as from an F-1 visa for non-U.S. students to H-1B status.

White House Statement and Legal Challenges

Initially, the White House indicated that the fee would be applicable to all new H-1B visa applicants, with exceptions for certain specialized workers who do not pose a threat to the security or welfare of the U.S. President Trump, in announcing the new policy, emphasized the need for the fee to combat program abuse while still allowing companies to hire top temporary foreign workers. He also highlighted concerns about some employers exploiting the visa program to lower U.S. workers’ wages by hiring cheaper foreign labor.

Despite the intentions behind the fee, legal challenges have emerged. The U.S. Chamber of Commerce filed a lawsuit against the Trump administration, deeming the foreign worker visa fee unlawful. This legal action follows another lawsuit filed by a coalition of health care groups and labor unions, contesting the policy’s legality in October.