The US has broadened the scope of current H-1B and L-1 visa fees to encompass extension petitions submitted by specific employers, even if foreign professionals remain employed by the same organization.
What implications does this have for H-1B workers?
The financial obligation will be solely on employers. The DHS dismissed suggestions that would permit employees to cover the fee if their employers were reluctant to do so. The proposal holds significant importance for Indian professionals, as Indian nationals represent the largest proportion of H-1B visa holders in the United States. Additionally, there is a substantial population of Indian professionals in the US awaiting permanent residency. However, the DHS dismissed the claim that the rule discriminates against individuals from specific countries. It clarified that Congress established the requirement for certain petitioners to pay biometric fees, and that Green Card applications and their associated backlogs are not included within the purview of this rule. The regulation is still pending finalization, with the US government’s regulatory agenda suggesting that a conclusive decision is anticipated in the upcoming weeks.
Affected employers will be required to pay $4,000 for each eligible H-1B petition and $4,500 for each eligible L-1 petition, according to a final rule released by the Department of Homeland Security (DHS). This rule is set to come into effect on 9 September. USCIS statistics reveal that Indians constitute nearly 70% of the approximately 85,000 H-1B visas granted annually. Approximately 1 million Indians are presently entangled in the green card backlog in the United States, according to the USCIS data referenced in the report.
“The statutes and existing regulations specify that the fee is required to be paid by the employer,” the DHS said. Furthermore, the department said that the demand for H-1B visas has surpassed the annual quota for over ten years and anticipated that the new regulation would not significantly decrease the total number of workers recruited under the program.
