The US Citizenship and Immigration Companies (USICS) has began issuing Requests for Proof (RFEs) demanding fee of the newly imposed $1,00,000 H-1B visa price. These RFEs issued by USICS has triggered confusion and considerations among the many immigration attorneys and employers. This transfer made by USICS follows the presidential proclamation made in September this yr. For these unaware, US President Donald Trump handed a brand new order in September 2025 whereas led to huge enhance within the H-1B visa price. As per the brand new order, the recent H-1B visa functions will now be charged a price of $100,000. Now a report by Financial Instances means that the rise within the variety of RFEs is creating confusion as these requests are showing in instances the place the price requirement isn't relevant. For the uninitiated, RFE is a proper discover issued by the U.S. Citizenship and Immigration Companies (USCIS) when an immigration officer determines {that a} petition or utility lacks adequate documentation to decide.
RFEs rise amid unclear pointers
In keeping with a report by Financial Instances, the immigrations specialists reported a noticeable uptick in RFEs even in instances the place the price could not apply. Gnanamookan Senthurjothi, founding father of The Visa Code advised ET that RFEs are being issued for H-1B recapture time instances, which usually contain reclaiming unused time from the six-year visa restrict. This has raised alarms about misinterpretation of the proclamation's scope.Alternatively, Adam Rosen, managing lawyer at Murthy Legislation Agency knowledgeable ET a couple of important flaw within the language of the proclamation. Rosen highlighted that proclamation makes use of “visa” and “standing” interchangeably, regardless of their distinct authorized meanings. Together with this, Rosen additionally questioned the legality of imposing the price on petitioners slightly than beneficiaries, suggesting this could possibly be challenged beneath Part 212(f) of the Immigration and Nationality Act.
Authorized challenges and employer confusion
As per the ET report, many lawsuits have already been filed together with by the U.S. Chamber of Commerce and H-1B advocacy teams, difficult the price's legality. Attorneys at the moment are advising a two-step strategy which incorporates responding to RFE with USCIS's personal steerage to argue exemption and if denied then pursue additional federal litigation.Xiao Wang, CEO of Boundless Immigration, mentioned that this confusion began from petitions filed earlier than USCIS issued formal steerage on October 20, leaving employers unsure about compliance. He additionally cautioned towards assuming the administration intends to broaden the price's applicability.
Strategic reassessment by employers
The report additional provides that this monetary and authorized uncertainty is compelling the businesses to rethink their H-1B sponsorship methods. Kate Kalmykov, co-chair at Greenberg Traurig, mentioned that going for litigation will likely be a final resort due to the price and complexity concerned. As a substitute of going for litigation, the corporate could now think about to pause the oversea hiring, relocate expertise overseas, or spend money on home upskilling to keep away from the steep price.Wang added that the H-1B program's volatility is driving a shift towards self-reliance in immigration planning, with employers reserving sponsorships for important roles solely.
Impression on Indian candidates
As reported by ET, Indians account to 70% of all of the H-1B visas and they're those who're affected essentially the most by this improvement. The rise within the variety of RFEs and authorized ambiguity might delay processing occasions and enhance prices for each candidates and sponsoring firms.
