The U.S. Department of State (”DOS”) published an interim final rule that raised the fees that U.S. consular posts charge for processing nonimmigrant visas. Prior to June 4 2010, the fee was $131 for all nonimmigrant visa categories. Under its new fee schedule, the DOS now charges varying fees depending on the visa classification sought.
The new, tiered fee structure was created to cover the higher unit costs for processing certain categories of nonimmigrant visas that tend to be more complicated and require a more in-depth consideration than other categories of nonimmigrant visas.
Therefore, effective June 4, the fee for business (B-1), tourist (B-2), student (F-1), and exchange visitor (J-1) visas was increased to $140. The visa application fee for temporary workers and trainees (H-1), intracompany transferees (L-1), extraordinary ability applicants (O-1), performers (P), cultural exchange participants (Q), and religious workers (R) increased to $150. The visa application fee for treaty traders (E-1) and treaty investors (E-2) increased to $390. The visa application fee for fiances of American citizens (K-1) increased to $350. All other visa categories will have bear the standard application fee of $140.
The new fee schedule is applicable to everyone applying for a visa on or after June 4, 2010. Applicants who have already paid the current visa application fee of $131 for appointments on or after June 4, 2010, will be required to pay the difference.
This interim final rule became effective on June 4, 2010. To read the entire post in the Federal Register, please click here.
USCIS has announced that, as of December 17, 2010, approximately 53,900 H-1B cap-subject petitions were receipted. Additionally, USCIS receipted 19,700 H-1B petitions for aliens with advanced degrees. Taking into account the numbers reserved by treaty for nationals of Singapore and Chile (up to 6,800), there may be less than 5,000 new H-1B visa numbers available for this fiscal year ending September 30, 2011.
Therefore, if your business is considering the sponsorship of an H-1B worker subject to the H-1B cap (e.g., a foreign student who is in F-1 status and working pursuant to OPT or any other foreign national who is not presently in H-1B status), you should strongly consider filing such petition as soon as possible before the H-1B visa numbers are exhausted. Otherwise, you will be left to wait until October 1, 2011 before the new H-1B quota becomes available.
It is important to note that H-1B visa extensions of stay and H-1B visa transfers (from one eligible U.S. employer to another) are not subject to the annual H-1B cap and, therefore, will continue to be regularly accepted by USCIS. Likewise, H-1B nonimmigrants who work at (but not necessarily for) eligible research institutions, universities and other qualifying non-profit facilities may also be excluded from the numerical H-1B visa cap.
If you have any questions about the H-1B visa cap, or would like to discuss appropriate alternatives to the H-1B category, please do not hesitate to contact us.
