Understanding the $100,000 Fee for H-1B Visas: USCIS Clarification

The U.S. Citizenship and Immigration Services (USCIS) has clarified that a newly introduced $100,000 fee for H-1B visa applications only applies to first-time applicants currently living outside the United States. This fee, effective as of September 21, targets individuals petitioning for H-1B visas who are not already visa holders and are seeking employment in the U.S. from abroad.

According to USCIS, the fee must be paid before applying and also applies to petitions requesting consular processing, port of entry services, or pre-flight inspections for individuals within the U.S. However, those changing from one visa status to another—for example, switching from an F-1 student visa to an H-1B—are exempt from this charge.

Previously, the White House announced the fee would be broadly applied with limited exemptions for specialized workers who do not pose any risk to national security or welfare. President Trump stated the fee aims to prevent abuse of the H-1B program and encourage companies to prioritize American labor over lower-paid foreign workers.

While the administration expects this policy to promote hiring of U.S. citizens, some experts suggest the outcomes may vary. Research from the IZA Institute of Labor Economics indicates that companies employing H-1B workers often expand and create additional jobs, including for American workers.

The fee has faced legal action, including lawsuits from the U.S. Chamber of Commerce and healthcare and labor groups, arguing that the policy is unlawful and harmful to businesses and the workforce.

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