H-1B visa issue – Artifex.News https://artifex.news Stay Connected. Stay Informed. Sat, 13 Dec 2025 04:02:00 +0000 en-US hourly 1 https://wordpress.org/?v=7.0 https://artifex.news/wp-content/uploads/2026/05/cropped-cropped-app-logo-32x32.png H-1B visa issue – Artifex.News https://artifex.news 32 32 Donald Trump’s $100,000 H-1B visa fee draws legal challenge from U.S. states https://artifex.news/article70391477-ece/ Sat, 13 Dec 2025 04:02:00 +0000 https://artifex.news/article70391477-ece/ Read More “Donald Trump’s $100,000 H-1B visa fee draws legal challenge from U.S. states” »

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California and 19 other U.S. states filed a lawsuit on Friday (December 12, 2025) seeking to block President Donald Trump’s $100,000 fee on new H-1B visas for highly skilled foreign workers.

The lawsuit in federal court in Boston is at least the third to challenge the fee announced by Trump in September, which dramatically raises the cost of obtaining H-1B visas. Currently, employers typically pay between $2,000 and $5,000 in fees.

California Attorney General Rob Bonta’s office said in a release that Trump lacks the power to impose the fee and that it violates federal law, which allows immigration authorities to collect only fees necessary to cover the cost of administering visa programs.

The H-1B program allows U.S. employers to hire foreign workers in specialty fields. The tech industry, with many companies headquartered in California, is particularly reliant on workers who receive the visas.

Bonta, a Democrat, said the $100,000 fee would create unnecessary financial burdens for providers of vital services such as education and healthcare, exacerbating labor shortages and threatening to cut services.

The states joining California in the lawsuit include New York, Massachusetts, Illinois, New Jersey and Washington.

The White House, in response to other lawsuits, has said the new fee is a lawful exercise of Trump’s powers and will discourage employers from abusing the H-1B program.

Critics of H-1B visas and other work visas say they are often used to replace American workers with foreign employees who will work for less. But business groups and major companies have maintained that workers on H-1B visas are a critical means to address a shortage of qualified American workers.

The U.S. Chamber of Commerce, the country’s largest business lobby, and a coalition of unions, employers and religious groups have filed separate lawsuits challenging the fee. A judge inWashington, D.C., is set to hold a hearing in the Chamber’s lawsuit next week.

Trump’s order bars new H-1B recipients from entering the United States unless the employer sponsoring their visa has made the $100,000 payment. The administration has said the order does not apply to existing H-1B holders or those who applied before September 21.

Trump in the order invoked his power under federal immigration law to restrict the entry of certain foreign
nationals that would be detrimental to U.S. interests.

Bonta’s office said on Friday the $100,000 fee far exceeds the cost of processing H-1B petitions, rendering it unlawful. It added the U.S. Constitution bars Trump from unilaterally imposing fees to generate revenue for the United States, a job that is reserved for Congress.



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Amid H-1B Visa Debate In US, A Look At Hefty Fees, New Rules https://artifex.news/amid-h-1b-visa-debate-in-us-a-look-at-hefty-fees-new-rules-7405051/ Sun, 05 Jan 2025 11:44:11 +0000 https://artifex.news/amid-h-1b-visa-debate-in-us-a-look-at-hefty-fees-new-rules-7405051/ Read More “Amid H-1B Visa Debate In US, A Look At Hefty Fees, New Rules” »

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Washington DC:

Amid the ongoing debate over H-1B visas in the United States, the prospective applicants and their employers are bracing for the intricate costs tied to the coveted work permit, starting from fiscal year 2025. The H-1B program allows US-based companies to bring in skilled workers from abroad into certain industries, but it comes with hefty fees that vary depending on the type of petition being filed and the status of the employer.

Moreover, a new rule also came into effect in 2025 which will allow entrepreneurs to sponsor themselves for the H1B visa. This means that entrepreneurs establishing a tech company in the US can self-sponsor, provided they meet the eligibility criteria for the visa, such as having specialised knowledge.

Till now, individuals were not considered eligible for H-1B visas unless they could demonstrate employment with a sponsoring organisation. It made getting an employment permit difficult for entrepreneurs who wanted to launch their ventures independently. 

H-1B Visa Application Fee

Registration Fee: To be part of the H-1B lottery, applicants are required to pay a registration fee of $10, a figure that has remained unchanged since 2024. This marks the first step for prospective applicants during the initial registration period, which typically occurs in March each year.

Filing Fees: Further, the employers have to pay $460 as a base filing fee for all H-1B petitions. To top it, an anti-fraud fee of $500 is mandatory for all initial and change of employer petitions, to prevent fraud and misuse of the H-1B program.

Employer Surcharge: Companies with more than 50 employees, half of whom hold H-1B or L-1 visas, are required to pay a $4,000 fee under the Consolidated Appropriations Act, 2016. This surcharge remains in effect until September 30 2025.

Premium Processing (Optional): Employers who are in a rush to hire an overseas employee can opt to expedite the processing of their H-1B petitions to just 15 calendar days by paying a premium processing fee of $2,805. This service is a necessity for critical hires in time-sensitive industries.

Who Pays What?

In the H-1B visa application process, the majority of the financial burden typically falls on the shoulders of the employer. An additional $4,000 employer fee also lies squarely with them. However, there are specific rules through which visa stamping and interview-related fees may be passed on to the employees.

Total Estimated Costs

Here’s an estimated cost breakdown of the total cost of applying for an H-1B visa:

For companies not subjected to the additional $4,000 fee — $10 (Registration Fee) + $460 (Base Filing Fee) + $500 (Anti-Fraud Fee) = $970

For companies subjected to the additional $4,000 fee– $10 (Registration Fee) + $460 (Base Filing Fee) + $500 (Anti-Fraud Fee) + $4,000 (Additional Employer Fee) = $4,970

For Premium Processing– A $2,805 is added for expedited processing, bringing the total for employers opting for premium processing to $3,775 or $7,775, depending on employer status.

Debate Over H-1b Visa In US

Three weeks ahead of US President-elect Donald Trump’s inauguration on January 20, the debate on the H-1B visa program has intensified, literally creating divisions in both the Democratic and the Republican parties.

Indians are the main beneficiaries of the H-1B visas, which bring in the best of the talent and brains from across the world. Highly skilled professionals from India walk away with the overwhelming number of H-1B visas – which is Congressional mandated 65,0000 every year and another 20,000 for those who received higher education from the US.

President-elect Donald Trump has come out in support of the H-1B, and so have two of his close confidants, Tesla owner Elon Musk and entrepreneur Vivek Ramaswamy, both of whom have been tasked to head the newly created Department of Government Efficiency.

However, they are facing a backlash from the supporters of Mr Trump who argued that this is eating away at the jobs of Americans. Moreover, on Thursday, influential Democratic Senator Bernie Sanders also asserted that the two close confidants of Trump are wrong.

“Elon Musk and a number of other billionaire tech company owners have argued that this federal programme is vital to our economy because of the scarcity of highly skilled American engineers and other tech workers. I disagree.

“The main function of the H-1B visa programme and other guest worker initiatives is not to hire ‘the best and the brightest’, but rather to replace good-paying American jobs with low-wage indentured servants from abroad. The cheaper the labour they hire, the more money the billionaires make,” Sanders said on Thursday.




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White House Says They Are Doing Everything To Improve H-1B Visa Process https://artifex.news/white-house-says-they-are-doing-everything-to-improve-h-1b-visa-process-5147615rand29/ Thu, 29 Feb 2024 02:46:45 +0000 https://artifex.news/white-house-says-they-are-doing-everything-to-improve-h-1b-visa-process-5147615rand29/ Read More “White House Says They Are Doing Everything To Improve H-1B Visa Process” »

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The initial registration period for FY2025 H-1B cap will open at noon Eastern on March 6

Washington:

US President Joe Biden is doing everything he can to improve the H-1B visa process, ‘green card’ backlog and other issues related to the country’s legal immigration system, the White House has said.

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.

“One of the steps, if we look at the H-1B visa process, we have taken action to improve that and the process and backlog for lawful permanent residents (green card) who are eligible to become US citizens,” White House Press Secretary Karine Jean-Pierre told reporters at her daily news conference on Wednesday. She was responding to questions about the feeling among a section of Indian Americans that the president is not putting as much effort on addressing the woes of legal immigrants as he is doing for illegal immigrants.

Biden heads to the southern border with Mexico in Texas on Thursday.

“Just last month, for example, as a part of our efforts to strengthen the integrity of our immigration system and reduce potential for fraud, the DHS published a final rule relating to H-1B visa,” Jean-Pierre said.

“So, the changes promote fairer and more equitable outcomes and, so, we will continue our work to improve the system within our authorities and that has certainly been a priority,” she said and added that the administration takes that “very seriously” and is continuing to do everything that it can to improve the visa process.

The US Citizenship and Immigration Services (USCIS) has announced the launch of myUSCIS organisational accounts that will allow multiple people within an organisation, as well as their legal representatives, to collaborate on and prepare H-1B registrations, H-1B petitions and any associated Form I-907, Request for Premium Processing Service.

A new organisational account is required to participate in the H-1B Electronic Registration Process starting in March 2024, the USCIS said.  “We are working expeditiously to address any technical issues that may arise for legal representatives whose accounts migrated when they logged into their online account on or after February 14, 2024, including impacts on cases other than H-1B filings,” it said.

The initial registration period for FY 2025 H-1B cap will open at noon Eastern on March 6, and run through noon Eastern on March 22.

During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary, its media alert said.  Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary.

The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the US if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.

“In March, we will launch online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions. On April 1, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected,” the federal agency said.

To help guide organisations and legal representatives through the new process, the USCIS had launched the Tech Talks sessions in February 2024. During these sessions, individuals can ask questions about the organisational accounts and online filing of Form I-129 for H-1B petitions.

The USCIS encourages all individuals involved in the H-1B registration and petition filing process to attend these sessions. Additional information and dates are available on the Upcoming National Engagements page, it said. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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White House Says Doing Everything To Improve H-1B Visa Process, Green Card Backlog https://artifex.news/white-house-says-they-are-doing-everything-to-improve-h-1b-visa-process-5147615/ Thu, 29 Feb 2024 02:46:45 +0000 https://artifex.news/white-house-says-they-are-doing-everything-to-improve-h-1b-visa-process-5147615/ Read More “White House Says Doing Everything To Improve H-1B Visa Process, Green Card Backlog” »

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The initial registration period for FY2025 H-1B cap will open at noon Eastern on March 6

Washington:

US President Joe Biden is doing everything he can to improve the H-1B visa process, ‘green card’ backlog and other issues related to the country’s legal immigration system, the White House has said.

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.

“One of the steps, if we look at the H-1B visa process, we have taken action to improve that and the process and backlog for lawful permanent residents (green card) who are eligible to become US citizens,” White House Press Secretary Karine Jean-Pierre told reporters at her daily news conference on Wednesday. She was responding to questions about the feeling among a section of Indian Americans that the president is not putting as much effort on addressing the woes of legal immigrants as he is doing for illegal immigrants.

Biden heads to the southern border with Mexico in Texas on Thursday.

“Just last month, for example, as a part of our efforts to strengthen the integrity of our immigration system and reduce potential for fraud, the DHS published a final rule relating to H-1B visa,” Jean-Pierre said.

“So, the changes promote fairer and more equitable outcomes and, so, we will continue our work to improve the system within our authorities and that has certainly been a priority,” she said and added that the administration takes that “very seriously” and is continuing to do everything that it can to improve the visa process.

The US Citizenship and Immigration Services (USCIS) has announced the launch of myUSCIS organisational accounts that will allow multiple people within an organisation, as well as their legal representatives, to collaborate on and prepare H-1B registrations, H-1B petitions and any associated Form I-907, Request for Premium Processing Service.

A new organisational account is required to participate in the H-1B Electronic Registration Process starting in March 2024, the USCIS said.  “We are working expeditiously to address any technical issues that may arise for legal representatives whose accounts migrated when they logged into their online account on or after February 14, 2024, including impacts on cases other than H-1B filings,” it said.

The initial registration period for FY 2025 H-1B cap will open at noon Eastern on March 6, and run through noon Eastern on March 22.

During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary, its media alert said.  Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary.

The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the US if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.

“In March, we will launch online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions. On April 1, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected,” the federal agency said.

To help guide organisations and legal representatives through the new process, the USCIS had launched the Tech Talks sessions in February 2024. During these sessions, individuals can ask questions about the organisational accounts and online filing of Form I-129 for H-1B petitions.

The USCIS encourages all individuals involved in the H-1B registration and petition filing process to attend these sessions. Additional information and dates are available on the Upcoming National Engagements page, it said. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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