As the new H-1B fees are introduced by the US administration, the United States Citizenship and Immigration Services clarified that the new rules will not apply to those who want to extend their stay or “change of status”.
The clarifications come after Trump announced earlier on September 19 that there would be restrictions on certain categories of non-immigrants, increasing the H-1B visa fee by $100,000. The USCIS statement clarified that the rules will not apply to previous visas or currently valid visas. This includes petitions submitted before 12:01 am Eastern Daylight Time on 21st September.
The rules also confirm that it will not be applied to people travelling to and from the US. Another clarified issue was the exemption on petitions after 12:01 am Eastern Daylight Time on 21st September, dealing with amendment or change of status. This comes with a clause stating that in case of ineligibility of a candidate seeking amendment or change of status, the new rules shall be imposed.
USCIS further said that the beneficiary will not be liable for payment if they leave the country and apply for the visa again through an approved petition, or apply for reentry through the valid H-1B visa route. The visa fee hike has hit skilled labour, mostly Indians, as Indians make up to 71% of the H-1B visa beneficiaries. The hiring company is responsible for bearing the visa cost.
Earlier, the US Chamber of Commerce sued Trump’s administration for the decision, calling it “unlawful” and harmful for the American economy. Industry leaders in the United States have also criticised the move, as it will increase the labour cost.
