US President Donald Trump's decision to levy a $100,000 fee for each new H-1B visa application, effective September 21, has left the international community looking for other options.
The fee applies only to applicants outside the United States. The existing visa holders and those seeking renewals or extensions are exempt. The H-1B is an employer-sponsored visa for specialty occupations, valid 3-6 years.
Given the substantial fee increase, Indian professionals, who constitute over 70 per cent of H-1B visa holders, are exploring alternative pathways into the US job market. These alternatives include the L-1 visa for intra-company transfers, the O-1 visa for individuals with extraordinary ability, the EB-5 visa for investors, and Optional Practical Training (OPT) extensions for students.
L-1 Visa: Intra-Company Transfer
This is a visa for intra-company transfers of employees from a foreign office to a US office.
Cost
- USCIS Filing Fee: $1,055 (approximately Rs 92,000).
- Premium Processing (Optional): $2,805 (approximately Rs 2.5 lakh).
- Legal Fees: Typically range from $5,000 to $25,000 (approximately Rs 4.4 lakh to Rs 22 lakh), depending on the process and legal representation.
Eligibility
- L-1A (Managers/Executives): Must have worked for the company abroad for at least one continuous year within the last three years.
- L-1B (Specialised Knowledge Workers): Must possess specialised knowledge essential to the company's operations.
- Employer Requirement: Must be a multinational company with offices in both the home country and the US.
O-1 Visa: Individuals With Extraordinary Ability
O-1 is a visa for individuals with extraordinary ability in sciences, arts, education, business, or athletics.
Cost
- USCIS Filing Fee: $1,055 (about Rs 92,000).
- Premium Processing (Optional): $2,805 (approximately Rs 2.5 lakh).
- Legal Fees: Range from $5,500 to $8,000 (around Rs 4.8 lakh to Rs 7 lakh).
- Visa Integrity Fee: $250 (approximately Rs 22,000), effective from fiscal year 2025.
Eligibility
- Field of Expertise: Applicable to individuals in sciences, arts, education, business, or athletics.
- Criteria: Must meet at least three of eight specified criteria demonstrating national or international acclaim.
- Documentation: Requires substantial evidence of achievements, such as awards, publications, or significant contributions to the field.
EB-5 Visa: Investor Visa
This is an investor visa offering a path to permanent US residence through substantial investment and job creation.
Cost
- Investment Amount: $800,000 (about Rs 70.4 lakh) in a Targeted Employment Area (TEA) or $1,050,000 (approximately Rs 92 lakh) in a non-TEA project.
- Administrative Fee: Typically 10 per cent of the investment, approximately $80,000 (approximately Rs 7 lakh).
- Legal Fees: Range from $25,000 to $35,000 (about Rs 22 lakh to Rs 30.8 lakh) for the entire process.
- USCIS Fees: $12,160 (approximately Rs 10.6 lakh) for the initial I-526E petition; $9,525 (Rs 8.3 lakh) for the I-829 petition.
Eligibility
- Investment Requirement: Must invest in a US business that creates or preserves jobs for American workers.
- Job Creation: Required to create or preserve at least 10 full-time jobs for qualifying US workers.
- Risk of Investment: Investment must be at risk and subject to loss.
OPT (Optional Practical Training) For F-1 Students
This is a temporary work programme for F-1 student visa holders in the US that allows them to gain practical experience directly related to their field of study.
Cost
- Application Fee: $520 (approximately Rs 45,500) payable to the US Department of Homeland Security.
- Additional Costs: May include legal fees if seeking legal assistance.
Eligibility
- Student Status: Must be an F-1 student who has completed at least one academic year of study.
- Field of Study: Employment must be directly related to the student's major area of study.
- Duration: Up to 12 months of post-completion OPT, and an additional 24-month extension is available for STEM graduates.
