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The US Citizenship and Immigration Services (USICS) has started issuing Requests for Evidence (RFEs) demanding outgo of the recently imposed $1,00,000 H-1B visa fee. These RFEs issued by USICS has triggered disorder and concerns among the migration attorneys and employers.
This determination made by USICS follows the statesmanlike proclamation made successful September this year. For those unaware, US President Donald Trump passed a caller bid successful September 2025 portion led to monolithic summation successful the H-1B visa fee. As per the caller order, the caller H-1B visa applications volition present beryllium charged a interest of $100,000. Now a study by Economic Times suggests that the summation successful the fig of RFEs is creating disorder arsenic these requests are appearing successful cases wherever the interest request is not applicable.
For the uninitiated, RFE is simply a ceremonial announcement issued by the U.S. Citizenship and Immigration Services (USCIS) erstwhile an migration serviceman determines that a petition oregon exertion lacks capable documentation to marque a decision.
RFEs emergence amid unclear guidelines
According to a study by Economic Times, the immigrations experts reported a noticeable uptick successful RFEs adjacent successful cases wherever the interest whitethorn not apply. Gnanamookan Senthurjothi, laminitis of The Visa Code told ET that RFEs are being issued for H-1B recapture clip cases, which typically impact reclaiming unused clip from the six-year visa limit.
This has raised alarms astir misinterpretation of the proclamation’s scope.On the different hand, Adam Rosen, managing lawyer astatine Murthy Law Firm informed ET astir a captious flaw successful the connection of the proclamation. Rosen highlighted that proclamation uses “visa” and “status” interchangeably, contempt their chiseled ineligible meanings. Along with this, Rosen besides questioned the legality of imposing the interest connected petitioners alternatively than beneficiaries, suggesting this could beryllium challenged nether Section 212(f) of the Immigration and Nationality Act.
Legal challenges and leader confusion
As per the ET report, galore lawsuits person already been filed including by the U.S. Chamber of Commerce and H-1B advocacy groups, challenging the fee’s legality. Attorneys are present advising a two-step attack which includes responding to RFE with USCIS’s ain guidance to reason exemption and if denied past prosecute further national litigation.Xiao Wang, CEO of Boundless Immigration, said that this disorder started from petitions filed earlier USCIS issued ceremonial guidance connected October 20, leaving employers uncertain astir compliance.
He besides cautioned against assuming the medication intends to broaden the fee’s applicability.
Strategic reassessment by employers
The study further adds that this fiscal and ineligible uncertainty is compelling the companies to rethink their H-1B sponsorship strategies. Kate Kalmykov, co-chair astatine Greenberg Traurig, said that going for litigation volition beryllium a past edifice due to the fact that of the outgo and complexity involved. Instead of going for litigation, the institution whitethorn present see to intermission the oversea hiring, relocate endowment abroad, oregon put successful home upskilling to debar the steep fee.Wang added that the H-1B program’s volatility is driving a displacement toward self-reliance successful migration planning, with employers reserving sponsorships for captious roles only.
Impact connected Indian applicants
As reported by ET, Indians relationship to 70% of each the H-1B visas and they are the ones who are affected the astir by this development. The summation successful the fig of RFEs and ineligible ambiguity could hold processing times and summation costs for some applicants and sponsoring companies.
