U.S. Citizenship and Immigration Services Oct. 20 released updated guidance regarding the new $100,000 fee for H-1B visas announced last month. It clarifies that the new fee applies to beneficiaries who are outside of the U.S. and do not have a valid H-1B visa. The fee does not apply to any previously issued and current H-1B visas and does not prevent current H-1B holders from traveling within the U.S. or abroad. It also does not apply to those requesting an amendment, change of status or a stay extension.
In addition, the guidance includes details on an online portal to pay the new fee. Proof of payment, or evidence of receiving an exception from the fee, is due at the time of the petition filing. USCIS has created an exception process that will grant approvals on a case-by-case basis as opposed to categorical exceptions. The guidance asks those seeking an exception to submit an email with “supporting evidence” showing why that worker is in the national interest, that no American worker can fill the role, that the worker is not a security threat, and an explanation of why requiring the employer to pay the fee would undermine the national interest.
