A significant clarification has been issued by the U.S. Department of Homeland Security regarding the $100,000 H-1B visa application fee. This update comes in the wake of legal challenges, including a lawsuit from the U.S. Chamber of Commerce that labelled the prior regulations as “unlawful.”
The updated guidelines provide substantial relief for individuals currently holding H-1B visas. Workers transferring to H-1B status from other visa types, such as the F-1 student visa, will be exempt from paying the $100,000 fee. Furthermore, current H-1B employees who are applying for an amendment, a change of status, or an extension of their stay within the United States will also be spared from this new financial requirement.
Most importantly for current H-1B visa holders, the guidance confirms that they will not face any barriers to entering or leaving the U.S. The fee is specifically designated for new visa petitions filed by individuals outside the U.S. who do not possess a valid H-1B visa. A link for online payments for these new applications has been provided.