Article Summary

USCIS has clarified that recent international college graduates and other visa holders already in the US who are sponsored for H-1B status will not be subject to the $100,000 H-1B visa fee imposed by a recent presidential proclamation. This fee will apply only to new H-1B petitions filed for beneficiaries outside the United States or those requiring consular processing. The agency also established an online portal for paying the fee where it applies.

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This guidance is crucial for thousands of international students on F-1 visas and other non-immigrant visa holders (like L-1) already in the US, as it removes a prohibitive financial barrier to changing their status to H-1B. For employers, this means that sponsoring and retaining in-country talent remains a more viable option, mitigating a significant cost concern that could have impacted workforce planning.

The initial proclamation introduced an unprecedented $100,000 H-1B fee, creating widespread confusion and anxiety across the tech industry and among skilled professionals. This USCIS clarification provides much-needed specificity, defining the scope of the fee and offering a clearer path for those already within the US, distinguishing their situation from new applicants abroad. However, the broader economic impact on companies seeking to bring new talent from outside the US still presents a challenge.