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H-1B Visa Fee: How does the revised application rule impact Indians?

Under the new H-1B Visa rule, anyone applying after the current announcement must pay a $100,000 annual fee. This rule also applies to new petitions that supplement existing ones.

US President Donald Trump on Friday signed an executive order imposing a USD 100,000 annual application charge for H-1B visas. The Trump administration's latest crackdown is expected to affect thousands of skilled foreign workers, who comprise the largest network of beneficiaries in the US.

What Is The New H-1B Visa Rule?

Under the new H-1B Visa rule, anyone applying after the current announcement must pay a $100,000 annual fee. This rule also applies to new petitions that supplement existing ones. The employers must be prepared to present proof of the payment. In the absence of payment, the Department of Homeland Security (DHS) may reject the petition. The rule applies to all those who are applying for an H-1B visa from outside the US. Exceptions will be considered only if they serve the national interest.

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Impact On Indians

The H-1B program, which was originally designed to attract highly skilled international workers for specialised technical roles, was under scrutiny for a long time. It particularly impacts Indian IT professionals who comprise the largest group of beneficiaries. Indian IT service companies such as TCS, Infosys, and Wipro have historically used H-1B visas to bring junior and mid-level developers to the United States to train them.

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Indians seeking or holding H-1B Visas need to understand the key points of Trump's new executive order.

Critical Details for Indian Applicants:

  • The new fee will severely impact Indian workers, as they reportedly comprise 71% of all approved H-1B applications in recent years. 
  • Two primary groups will benefit from the program: Indians graduating from American universities (Master's/PhD degrees) and those working for major US-based Tech companies
  • The new $100,000 fee is a drastic increase from the previous modest fees.
  • Applicants must be highly skilled and non-replaceable by US workers.
  • Smaller firms and outsourcing consultancies are expected to eliminate or reduce H-1B filings.
  • The fee structure will increase financial burden and may limit job prospects for Indian students and recent graduates seeking US employment.

ALSO READ: Big update for H-1Bs: Trump signs executive order slapping $100K annual fee on visa application


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