A top official from U.S. Citizenship and Immigration Services (USCIS) has confirmed that the new, increased H-1B visa fees will not be charged to individuals who already hold an H-1B visa. This clarification provides major relief to thousands of Indian technology professionals currently working in the United States. The new fee structure, which includes a substantial Asylum Program Fee, will only apply to new H-1B petitions and not to applications for extensions or employer changes from existing visa holders.
Key Takeaways
- The new H-1B fee structure does not affect current H-1B visa holders.
- Workers applying for an H-1B extension or changing employers are exempt from the new Asylum Program Fee.
- The fee hike is intended for initial or new H-1B petitions filed by employers.
- This policy clarification helps reduce the financial load on companies retaining their existing foreign talent.
The confirmation addresses widespread confusion within the immigrant community following the announcement of a new fee schedule by USCIS earlier this year. The main point of concern was the new $600 Asylum Program Fee. This fee is now required for most Form I-129 (Petition for a Nonimmigrant Worker) and Form I-140 (Immigrant Petition for Alien Workers) filings.
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations generally require a bachelor’s degree or higher in a specific field. Indian nationals are the largest recipients of H-1B visas each year, making this policy update particularly important for the Indian IT industry and its workforce in the U.S.
The clarification means that a company filing an extension for a current H-1B employee or a new petition for an employee who is changing jobs but already has H-1B status will not have to pay the new $600 fee. This exemption is a welcome development for employers who were worried about the rising costs of retaining skilled workers. The fee increase was part of a broader adjustment by USCIS, the federal agency that oversees lawful immigration to the United States. The agency explained that the fee adjustments were necessary to cover its operational costs, which are funded almost entirely by fees, and to improve application processing times.
While existing H-1B workers are spared from this specific new fee, employers filing initial petitions for new employees selected in the H-1B lottery will bear the full cost. The H-1B electronic registration fee for the annual lottery also saw an increase from $10 to $215. Immigration attorneys and industry groups had voiced concerns that the steep fee hikes could make it harder for smaller businesses to hire foreign talent. This latest clarification on extensions and transfers, however, softens the financial impact for companies and their current employees.
Frequently Asked Questions (FAQs)
Q. Who has to pay the new $600 Asylum Program Fee?
A. Employers filing an initial H-1B petition for a new employee must pay the $600 Asylum Program Fee. It does not apply to H-1B extensions or transfers for existing visa holders.
Q. I am changing my H-1B employer. Does my new employer have to pay this fee?
A. No. Since you are already an H-1B visa holder, your new employer is exempt from paying the $600 Asylum Program Fee for your “change of employer” petition.
Q. Did the H-1B lottery registration fee also increase?
A. Yes, the fee for entering the H-1B electronic registration lottery increased from $10 to $215 per registration.
Q. Why did USCIS increase the visa fees?
A. USCIS stated the fee increases are to recover its operational costs more fully, support timely processing of new applications, and handle humanitarian programs like the asylum system.
Q. Does this exemption apply to other visa categories?
A. The clarification specifically addresses the H-1B visa category. Other visa types may have different fee requirements under the new rule. It is best to check the official USCIS website for details on other visa petitions.
