White House clarifies who must pay $100,000 H-1B visa fee

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The White House has confirmed the $100,000 fee associated with H-1B visa petitions applies only to new applicants outside the U.S., The Wall Street Journal reported Oct. 20.

Employers are not required to pay the fee for individuals already residing in the U.S., such as international students, according to the report.

The fee does not apply to previously issued and valid H-1B visas or those submitted before Sept. 21, the date the fee went into effect, according to the U.S. Citizenship and Immigration Services. Employers must make the payment before filing a petition with the USCIS.

President Donald Trump first issued the proclamation Sept. 19, stating the fee would apply to all new H-1B visas beginning Sept. 21. Some hospitals and health systems, including Seattle-based Fred Hutchinson Cancer Center and UW Medicine, paused H-1B petitions due to the new cost. Others said they were awaiting further guidance and evaluating the potential effects on their workforce pipelines.

Foreign clinicians typically enter the U.S. on one of two visa types: H-1B and J-1. The H-1B is a temporary professional worker visa for specialty occupations and allows “dual intent,” meaning holders can apply for a green card while maintaining H-1B status.

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