According to the latest USCIS guidelines issued on Monday (local time), applicants already present in the US on another visa—such as an F-1 visa for international students or an L-1 visa for intra-company transfers—can change their status to H-1B without incurring the new fee
US reiterated that the H-1B classification is subject to an annual cap of 65,000 visas each fiscal year, with certain adjustments for the H-1B1 programme. Representational pic
In a move that offers relief to several Indians, the US Citizenship and Immigration Services (USCIS) has clarified that the newly introduced USD 100,000 H-1B visa fee will not apply to applicants who are seeking a "change of status" or an "extension of stay" within the country.
According to the latest USCIS guidelines issued on Monday (local time), applicants already present in the US on another visa—such as an F-1 visa for international students or an L-1 visa for intra-company transfers—can change their status to H-1B without incurring the new fee, news agency ANI reported.
These applicants may also re-enter the US on their approved H-1B visa without being subject to the penalty.
The exemption stems from a recent Presidential Proclamation, which applies to new H-1B petitions filed on or after 12.01 am Eastern Daylight Time on September 21, ANI reported. The rule specifically targets applicants who are outside the US and do not currently hold a valid H-1B visa.
Additionally, the Proclamation also applies to cases where a petition filed on or after the cut-off date requests consular processing, port-of-entry notification, or pre-flight inspection for a beneficiary within the US.
As per the USCIS website, the Proclamation does not affect:
Any valid H-1B visas issued before the effective date
Petitions submitted before September 21
H-1B holders and approved petition beneficiaries who travel in and out of the US.
USCIS reiterated that the H-1B classification is subject to an annual cap of 65,000 visas each fiscal year, with certain adjustments for the H-1B1 programme. An additional 20,000 petitions are exempt from this cap for applicants holding a master’s degree or higher from a US institution, ANI reported.
Moreover, H-1B petitions for individuals employed by institutions of higher education, their affiliated or related non-profit entities, non-profit research organisations, or government research organisations are also exempt from the annual cap.
Meanwhile, on October 17, the US Chamber of Commerce filed a legal challenge against the administration’s implementation of the USD 100,000-fee, calling it harmful to American business interests.
The policy—originally backed by the Donald Trump administration—has been defended on grounds of protecting American jobs. A fact sheet issued by the White House cited concerns about the replacement of US workers with lower-paid foreign labour.
According to the White House, the proportion of IT workers on H-1B visas has increased from 32 per cent in financial year (FY) 2003 to over 65 per cent in recent years, contributing to growing unemployment among US citizens and raising concerns about alleged misuse of the visa programme.
(With ANI inputs)
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