The recent H-1B cap season has sparked confusion regarding a potential $100,000 consular processing fee. However, this fee does not apply to all H-1B cases, as clarified by immigration experts. Understanding the specific circumstances of each case is essential for employers and candidates alike.
Key Details:
- The $100,000 fee does not apply to most Change of Status cases within the U.S.
- Standard extensions of H-1B visas are exempt from this fee.
- The fee may apply to certain new hires located overseas who require consular processing.
- Employers should assess which category their candidates fall under before making hiring decisions or budget adjustments.
This clarification aims to alleviate concerns that have led to hiring freezes among employers considering H-1B candidates.
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Source: Ellis