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The United States Citizenship and Immigration Services (US-CIS) has clarified that the $100,000 entry fee for H-1B visa announced by President Donald Trump will not be applicable to those already residing in the country. For Indians already residing in the states, this clarification comes as a huge relief as several of them would be seeking a change of status under the H-1B visa or an extension of said stay.
“H1B petitions approved for an extension of stay, amendment or change of status – including change of employer applications – will not be subject to the proclamation or associated 100,000 dollar fee,” USCIS stated in a guidance note issued on October 20 night.
A month ago, US President Trump had announced a change in the H-1B visa policy, mandating US companies to pay $100,000 per foreign worker to the US government. The purported aim was to ensure that US companies hire more American talent and according to the US commerce secretary Howard Lutnick, “sending less valuable talent back to their home countries.”
Calling the H-1B visa program a “national security threat” Trump alleged “systemic abuse” of the visa system particularly by IT outsourcing firms. “Further, the abuse of the H-1B visa program has made it even more challenging for college graduates trying to find IT jobs, allowing employers to hire foreign workers at a significant discount to American workers,” his proclamation further reads.
However, with the US-CIS’ clarification, thousands of foreign citizens including Indians will benefit. Foreign nationals already in the States with F1 visas can try shift to H-1B visas via the annual lottery selection process.
The US-CIS’ clarification also grants some breathing room to companies working in STEM and technology who chiefly hire Indian and other Asian diasporas in the US.