For the first time since 2016, the United States ( US) has increased the fees for various categories of non-immigrant visas like the H-1B, L-1 and EB-5, which are the most popular ones among Indians. The worst hit would be those opting for the investment-linked green card through the EB-5 visa. Even employing migrant workers through the H-1B visa and the L1 visa is set to get more expensive.
The new prices are set to take effect April 1, 2024, meaning all applications postmarked after this date will be charged the new, higher costs.This increase has substantial implications, particularly for family-based immigration applications, among the most affected categories
The new H-1B application visa fee has been increased to $780 ( Rs 64,000).from $460 ( Rs 38,000).
The H-1B registration will increase from $10 to $215, but from next year.
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China. Of the more than 407,000 H-1B visas issued between October 2020 and September 2021, Indians got the largest share at 300,000—an overwhelming 74%. Employers looking to hire high-skilled foreign nationals will now have to pay more for H-1B employees.These fees are borne by the US-based employer and will, therefore, increase their hiring costs.
The fee revisions will help the US Citizenship and Immigration Services recover a greater share of its operating costs and support more timely processing of new applications.
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-The EB-5 visas, popularly known as investor visa fees has jumped from $3,675 (over Rs 3,00,000) to $11,160 (over Rs 9,00,000)
The EB-5 Immigrant Investor Program is a United States visa program that provides a path to permanent residency (Green Card) for foreign investors who make a significant investment in a new commercial enterprise in the United States. The EB-5 programme, launched by the US government in 1990, enables high-net-worth foreign investors to obtain a US visa for themselves and their families by investing a minimum of $ 5,00,000 in a US business that helps create 10 jobs for American workers.
The fee for L-1 visas has been increased from $460 (over Rs 38,000) to $1,385 (over Rs 1,10,000)
The L-1 visa is a non-immigrant visa category in the United States specifically designed for intracompany transferees. It allows multinational companies to transfer certain employees from their foreign offices to their offices in the U.S. The L-1 visa comes in two subcategories: L-1A and L-1B.
DHS argued that the changes in the final rule will also provide several benefits to it and applicants/petitioners seeking immigration benefits.
For the government, the primary benefits include reduced administrative burdens and fee processing errors, increased efficiency in the adjudicative process, and the ability to better assess the cost of providing services, which allows for better-aligned fees in future regulations.
The primary benefits to the applicants/petitioners include reduced fee processing errors, increased efficiency in the adjudicative process, the simplification of the fee payment process for some forms, elimination of the USD 30 returned check fee, and for many applicants, limited fee increases and additional fee exemptions to reduce fee burdens.
But experts say the hike will impact employers that sponsor foreign workers and may affect the recruitment strategy in the coming days. Indian visa applicants already face high costs for other immigration-related services, such as medical examinations and visa application fees. The H-1B fee hikes would add to the already burgeoning financial burden, making it even more challenging for some to pursue the visa.
"Higher fees would result in increased financial burden for individuals applying for the H1-B visa. The overall cost of hiring Indian talent for the U.S. market would increase," said Manmeet Kaur, Partner at Karanjawala & Co.
"Higher fees would result in increased financial burden for individuals applying for the H1-B visa. The overall cost of hiring Indian talent for the U.S. market would increase," said Manmeet Kaur, Partner at Karanjawala & Co.