The Donald Trump administration on Monday issued a clarification on the H-1B visa payment, a month after it introduced a surprising $100,000 cost on the employee visa. In its newest discover, the US clarified who must pay the exorbitant $100,000 charges and who would not.
The USA Citizenship and Immigration Providers (USCIS) issued the rules on Monday, in an try and make clear the exemptions to President Donald Trump’s September 19 proclamation, ‘Restriction on entry of sure nonimmigrant staff’.
The USCIS on Monday additionally launched a fee portal and stated that candidates who maintain a receipt displaying the $100,000 H-1B visa payment can transfer ahead with their utility.
The USCIS clarified who’s exempt and who is just not, close to the $100,000 H-1B visa charges.
H-1B visa charges: Who’s exempted from paying $100,000?
The USCIS in its clarification stated that not each overseas citizen in search of US visa or having the H-1B visa should pay the $100,000 or ₹88 lakh payment.
The $100,000 H-1B visa payment is just not relevant for individuals who already maintain the visa.
The Trump administration additional famous that those that utilized for the H-1B visa previous to to 12:01 a.m. jap daylight time as of September 21 is not going to need to pay the charges.
“The Proclamation doesn’t apply to any beforehand issued and presently legitimate H-1B visas, or any petitions submitted previous to 12:01 a.m. jap daylight time on September 21, 2025,” the USCIS stated.
Those that already maintain a US visa, together with worldwide college students on F-1 visas and professionals on L-1 visas, is not going to need to pay the $100,000 H1-B visa payment once they go for a standing change.
The USCIS stated that the H-1B payment doesn’t apply to a petition filed at or after “12:01 a.m. jap daylight time on September 21, 2025, that’s requesting an modification, change of standing, or extension of keep for an alien inside america the place the alien is granted such modification, change, or extension.”
A beneficiary is not going to be thought of to be topic to the fee in the event that they subsequently depart the US and apply for a visa based mostly on the authorized petition and/or search to reenter the US on a present H-1B visa, it stated.
It added that the proclamation additionally doesn’t stop any present H1-B holder from travelling out and in of the US.
Who has to pay $100,000 H-1B visa payment?
Based on the foundations, an employer has to pay the H-1B visa payment for candidates who’re making use of for the visa for the primary time from outdoors the US.
The H-1B visa payment may also apply if the USCIS determines that individual is “ineligible for a change of standing or an modification or extension of keep”.
The $100,000 cost will apply if the applicant “is just not in a legitimate nonimmigrant visa standing or if the alien departs america previous to adjudication of a change of standing request.”
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