The U.S. Citizenship and Immigration Services (USCIS) has released new guidance on exemptions for the $100,000 H-1B visa fee, offering relief to employers and foreign workers. This fee, part of the 2023 H-1B Visa Modernization Rule, funds U.S. workforce training but has raised questions about who must pay. Below, we break down exemption eligibility and the application process.
What Is the $100,000 H-1B Visa Fee?
The fee applies to employers filing new H-1B petitions for foreign professionals in specialty occupations. Revenue goes to the H-1B Specialty Occupation Trust Fund, which trains U.S. workers. However, exemptions exist for specific employers and cases.
Who Qualifies for the Fee Exemption?
USCIS has identified key groups exempt from the full or partial fee:
- Nonprofits & Educational Institutions
- Universities, nonprofit research organizations, and government entities are fully exempt.
-
Proof of 501(c)(3) status (e.g., IRS documentation) is required.
-
Small Businesses (Under 25 Employees)
- Employers with fewer than 25 full-time staff get a 50% reduction ($50,000 instead of $100,000).
-
Submit payroll records or tax filings as evidence.
-
H-1B Extensions & Amendments
-
The fee applies only to new petitions, not renewals or amendments for existing employees.
-
Conrad 30 Waiver Physicians
-
Doctors working in underserved areas under this program may qualify for full exemptions.
-
Prevailing Wage Compliance (Pending Finalization)
- Employers paying Level III/IV wages might receive partial waivers—stay tuned for updates.
How to Apply for an Exemption
Follow these steps to request a fee waiver:
- Confirm Eligibility
-
Review USCIS guidelines to ensure your organization or employee qualifies.
-
Gather Documentation
- Nonprofits: Provide IRS 501(c)(3) certification.
-
Small businesses: Submit payroll/tax records proving employee count.
-
File Form I-129 Correctly
- Include exemption evidence with your H-1B petition.
-
Label the application “Fee Exemption Request” to expedite processing.
-
Respond to USCIS Requests
- If asked for additional proof, reply promptly to avoid delays or denials.
Why These Exemptions Matter
Critics argue the fee strains businesses reliant on global talent. By clarifying exemptions, USCIS aims to support nonprofits, startups, and critical sectors like healthcare. However, many small employers still find the cost prohibitive.
Industry Responses
- Tech Companies: Firms like Infosys push for broader waivers, citing high costs.
- Startups: Founders claim the fee hampers innovation by limiting talent access.
- Legal Experts: Immigration attorneys stress meticulous documentation to secure exemptions.
Next Steps for Employers
Monitor USCIS for policy tweaks and consult an immigration lawyer before filing. For updates, bookmark trusted sources like NextMinuteNews.
Key Takeaways
While the $100,000 fee poses challenges, USCIS exemptions help eligible employers. Act early, document thoroughly, and stay informed to navigate the process smoothly.
