The United States has always been the go-to destination for students and skilled workers. This bastion of the international talent pool is now experiencing a significant shift in its immigration landscape, and it is not just because of the political narratives of the country.
The United States has always been the go-to destination for students and skilled workers. This bastion of the international talent pool is now experiencing a significant shift in its immigration landscape, and it is not just because of the political narratives of the country.
H-1B Visas
A cornerstone for companies seeking to employ foreign workers in specialty occupations, H-1B Visa has witnessed a dramatic fee increase. The registration fee, a nominal $10, has skyrocketed to $215 per beneficiary; a staggering 2150% jump. The application fee also got a significant rise, from $460 to $780 for paper filing, a 70% increase.
These charges do not include Additional Fees that the applicant might have to pay such as Asylum Program Fee, Fraud Prevention and Detection Fee, Fee mandated by Public Law 114-113, and American Competitiveness and Workforce Improvement Act (ACWIA) fee.
Green Card Applications
The cost of obtaining a green card has also seen a substantial increase. General Filing for I-130 petition now costs $675 for paper filing and $625 for online filing. Earlier, it was $535 for online filing.
Furthermore, a new $600 Asylum Program Fee is being added if the petition is for a non-immigrant worker (Form I-129), a CNMI-Only Nonimmigrant Transitional Worker (Form I-129CW), or Immigrant Petition for Alien Worker (Form I-140).
The new fee structure is adding to the financial burden on applicants seeking refuge in the US.
Streamlining Processes and Enhancing Security
The USCIS argues that these fee hikes are necessary to cover operational costs and modernize its infrastructure. Here are two changes that will affect students.
Tighter Scrutiny for Student Visa
Applicants for F, M, and J student visas must now provide accurate passport information when scheduling appointments. This change aims to streamline the visa appointment system, enhance data accuracy, and prevent scheduling errors.
EAD Extension Relief
In a positive development, the USCIS has announced relaxations in eligibility criteria for Employment Authorization Documents (EADs), commonly known as work permit, for certain applicants facing employment challenges. This includes a maximum validity extension for EADs to five years, providing greater stability and reducing the frequency of renewal applications for eligible individuals.
Impact on Practical Training Opportunities for International Students
There are different Practical Training opportunities available to students in the US, and each has a clearly defined scope.
Optional Practical Training (OPT)
It has two distinct periods: Pre-Completion and Post-Completion. Pre-Completion OPT helps F-1 students to work part-time and gain practical experience while studying, whereas Post-Completion OPT grants them up to 12 months of work authorization after graduation.
Curricular Practical Training (CPT)
Connecting Classroom Learning with Real-World Application, CPT offers full-time work opportunities directly related to their curriculum.
Practical Training (PT) for M-1 Students
M-1 students, enrolled in vocational programs, can access PT after completing their program. The duration of PT eligibility is based on the length of their program.
The changes in US Visas rules will have a minor impact on Practical Training opportunities for students as can be seen below. While some rules have been relaxed, the extension fee has been slightly increased.
Before the Changes
- STEM OPT Extension: F-1 students were eligible for a 24-month extension of their post-completion OPT period.
- Employer Requirements: To qualify for the STEM OPT extension, students had to be employed by an E-Verify participating employer.
- Reporting Requirements: STEM OPT students were required to report to their Designated School Official (DSO) every 6 months to confirm their employment status and any changes in personal information.
After the Changes (as of April 1, 2024)
- STEM OPT Extension: The 24-month STEM OPT extension remains in place.
- Employer Requirements: The requirement for employers to participate in E-Verify has been eliminated. However, employers must still provide formal training and learning objectives for STEM OPT students, documented in a training plan using Form I-983.
- Reporting Requirements: The reporting frequency has been reduced from every 6 months to annually.
- Unemployment Allowance: The total unemployment allowance for the combined post-completion OPT and STEM OPT extension periods has been increased from 150 days to 180 days.
- Fees: The STEM OPT extension application (I-765) fee has been increased from $410 to $470 for online filings and $520 for paper filings.