Article Summary

USCIS has issued new guidance clarifying the application of the $100,000 H-1B visa fee. This fee, imposed in September, applies only to new H-1B applicants living abroad who are not current H-1B visa holders. Importantly, it does not apply to visa applicants changing from one visa type, such as an F-1, to H-1B status.

TNP AI: Key Insights

This guidance significantly narrows the scope of the previously announced $100,000 H-1B fee, providing clarity and relief for many U.S.-based employers and international students transitioning to H-1B status. The initial broad announcement caused considerable uncertainty, and this clarification helps mitigate potential disruptions for companies relying on a domestic talent pipeline.

The initial announcement of a broad $100,000 fee by the White House on September 19th created widespread concern within the tech industry and among foreign students. This new USCIS guidance walks back the broader application, aligning more closely with previous fee structures that often target specific scenarios rather than blanket charges on all new applicants. While this reduces the immediate financial burden for many, it still imposes a substantial cost on new applicants from abroad, potentially influencing global talent recruitment strategies.