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US Embassy hikes visa fees

US Embassy hikes visa fees
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Heads up! The United States embassy in the Philippines has announced that it will be increasing visa application fees starting June 17, 2023. The following are the new fees for various types of visas:

  • B1/B2 tourist visa: $185 (up from $160)
  • F1 student visa: $325 (up from $295)
  • J1 exchange visitor visa: $325 (up from $295)
  • H1B work visa: $535 (up from $455)
  • L1 intracompany transferee visa: $535 (up from $455)

The embassy says that the increase in fees is necessary to cover the rising costs of processing visa applications. The embassy also says that the new fees are still lower than the fees charged by other countries for similar visas.

What does this mean for visa applicants?

The increase in visa application fees will mean that visa applicants will have to pay more to apply for a visa. This could make it more difficult for some people to afford to apply for a visa.

What can visa applicants do to prepare for the increase in fees?

Visa applicants can prepare for the increase in fees by:

  • Starting the visa application process early: This will give you more time to save up for the application fee.
  • Consider applying for a waiver of the visa application fee: There are a number of waivers that may be available to you, depending on your circumstances.
  • Contact the US embassy or consulate in your area for more information: The embassy or consulate can provide you with more information about the increase in fees and how to apply for a waiver.

What can you do to help?

If you are concerned about the increase in visa application fees, you can contact your elected representatives and urge them to take action to lower the fees. You can also contact the US embassy or consulate in your area and express your concerns.

Unfortunately, that will take longer. If you or anyone you know have any questions about seeking a waiver for the fees, reach out to a trusted immigration lawyer.

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It’s Layoff Season for Tech Industry Workers

Its Layoff Season for Tech Industry Workers
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What options do terminated H1B employees have?

In prior years, there was usually a lot of excitement building up towards the period when the US Citizenship & Immigration Service (USCIS) opens the period for accepting H1B petitions. But this year is different. 

Beginning last quarter of 2022 up to the present, giant tech employers have been announcing mass layoffs of thousands of their employees citing economic uncertainty and fear of a coming recession. While there are no exact figures of how many are holders of H1B visas among those who were terminated, we are receiving a lot of inquiries by terminated H1B holders on what options they have to continue staying in the United States.

Generally, an H1B visa holder must leave the U.S. before the end of 60 days from date of termination. But if the worker is not ready to depart,  what are the available options to allow them to continue to stay in the United States?

  1. Find a new U.S. employer. A terminated H1B visa holder may apply for a new job with a different employer.  This new employer must be filed before the 60 days expire. 
  1. Negotiate with the Current Employer. Being laid off comes as a surprise to many and usually it is a sudden news that is received by a terminated employee, i.e. no advance notice. But if a Notice of Termination is already received, depending on the company policy, one may negotiate for an extended termination date until the H1B employee finds a new employer in exchange for a lower severance pay. This is just an option as many H1B visa holders find that maintaining status is more a priority than the amount of severance pay.
  1. Change Status. If the deadline to leave the country is fast approaching and  the negotiation for extended termination date is not granted, consider filing for a change of status for either a visitor visa (B2) or a student visa (F1). Or, the H1B visa may also be changed to an O1 visa which will also permit the individual to work. The standards for O1 are different from an H1B, thus requiring an advice/analysis from a legal counsel. This application for change of status must be filed within the 60 day grace period.
  1. Adjust Status. This situation is specific to those who have a U.S. citizen fiancé or are already in a relationship. They may want to consider marriage and have their spouses petition them. A simultaneous petition and adjustment of status may be filed.
  1. Consider forming a Start Up Entity. An investor visa (temporary or permanent) may be an option for a terminated H1B visa holder who has the capacity to invest in a new U.S. entity and meets the eligibility requirements set by pertinent regulations.

Realizing that thousands of talented foreign nationals are affected by these mass layoffs, there are venture capitalists and or other smaller firms, who may be sympathetic and willing to hire these H1B employees.

When all options have been exhausted and there is no such luck, or perhaps, there is not enough time to change status or find a new employer within the 60 days period, it may be best to consider leaving the United States in order to preserve one’s option of returning in the future without any negative consequence. 

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C.. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Filipino Students Among Nationals with More Than 10% Overstay Rate: DHS Propose Rule to Limit Validity of F, J AND I visas to 2 Years

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On September 25, 2020, the Department of Homeland Security (DHS) published a proposed regulation that would establish fixed end dates on students, exchange visitor visas and foreign media representatives.

 Under the proposal, individuals applying to either F or J status would be eligible to stay in the United States for the length of time indicated by the program end date noted in their Form I–20 or DS–2019, not to exceed 4 years. In some cases, international students and scholars would be limited to 2 years. Filipino students are included in the category of those with 2 years validity. 

Why are Filipino students being singled out for 2 years validity instead of 4 years?

The 2 years visa is proposed for Individuals who were born in or are citizens of countries designated as state sponsor of terrorism– Iran, North Korea, Sudan, and Syria. They also limited the validity period to 2 year of students who are citizens of countries with overstay rates exceeding 10 percent.  

According to the USCIS data, the Philippines has an overstay rate of 13.28% or a total of 1,452 students and exchange students who did not leave the country at the expiration of their visas.

The 2 year visa is subject to renewal by filing an application for extension on Form I-539. The extension could be approved by the USCIS if the program length goes beyond the minimum initially granted, additional time needed is due to a compelling academic reason, a documented medical illness or medical condition, or circumstances beyond the student’s control. USCIS considers failing classes as within the control of the student, so that academic challenges would no longer generally be a basis for extension.  

F and J nonimmigrants who are properly maintaining their status would be authorized to remain in the United States in F and J status until the end date on their Form I-20 or DS-2019, not to exceed a period of 4 years from the final rule’s effective date, plus a grace period of 60 days for F nonimmigrants and 30 days for J nonimmigrants. If they need additional time to complete their current course of study or exchange visitor program, including requests for post completion optional practical training (OPT) or STEM OPT, or would like to start a new course of study, they would have to apply for an extension of stay.

The proposed rule may not be finalized soon as it is still open for comments until October 26, 2020. It could probably be withdrawn if there is a change in presidential administration.