The impact of the $100,000 H-1B visa fee is now becoming clear. One foreign professional has received an RFE demanding payment of the entire amount. The worker, recently laid off and currently outside the U.S., applied for an H-1B COE on September 23, just two days after the proclamation.
RFE cites the Presidential Proclamation
The RFE directly refers to the Presidential Proclamation as the reason for the fee demand. It requires the applicant to pay the full amount to qualify for a new filing. Since the applicant is outside the country, their petition seeks consular processing, Port of Entry (POE), or Pre-Flight Inspection approval.
International filings trigger fee demand
Experts say any H-1B filing made after the proclamation date automatically triggers the fee requirement. This has placed the worker in a difficult situation. They can keep their job remotely but cannot enter the U.S., as their employer refuses to cover the fee.
Fee may push jobs overseas
Analysts believe the policy will push more U.S. jobs offshore. Employers may find it cheaper to hire talent abroad instead of paying the huge visa cost. This will worsen an already strained U.S. job market.
Debate and legal challenges intensify
The fairness of the $100,000 fee is now under legal scrutiny. Multiple lawsuits have been filed against it. Critics warn that this rule will severely harm the U.S. talent pipeline by limiting access to skilled foreign professionals.
