US announces big relief for H-1B visa holders; new rules offer key exemptions

Washington (The Uttam Hindu): News of a major relief has come for H-1B visa holders in the US. The US Department of Homeland Security recently issued new guidelines regarding the $100,000 (approximately Rs. 83 lakh) application fee. Several exemptions and exceptions have been provided. According to the new guidelines, foreign workers who are switching from another visa category, such as the F-1 (student visa), to the H-1B visa will not have to pay this hefty fee. Similarly, those already living in the US and applying for an amendment, change of status, or extension to their H-1B visa will also not be charged this fee. Those currently holding valid H-1B visas will not face any restrictions on their travel to and from the US.

The announcement applies only to new visa applicants who are outside the US and do not hold a valid H-1B visa. It also provides an online payment link for new applications. This clarification comes two days after the US Chamber of Commerce, the country's largest business organization, sued the Trump administration over the new rules, calling them unlawful. They say the new fees will significantly harm US companies by increasing their labor costs or forcing them to reduce the hiring of skilled foreign workers.

The petition also states that Trump's September 19 order is "legally wrong" and will benefit America's economic competitors. Earlier on October 3, a group of teachers, unions, and other organizations filed a lawsuit against the same rule. Trump, when signing the order, stated that its purpose was to "give American citizens job preference." However, this has raised confusion as to whether the rule also applies to existing visa holders, who may face difficulties returning to the US.

The White House issued a clarification to IANS on September 20, stating that this is a one-time fee that applies only to new visas, not renewals or existing visa holders. It is worth noting that more than 70 percent of the total H-1B visas approved in 2024 were awarded to workers of Indian origin, as India has the largest number of skilled professionals and a large backlog of applications.