Comment by daxuak

7 hours ago

Does H1-B really carry that 100k per-case fee? I remember hearing of it, but afterwards also individual stories of people getting H1-B. I don't know them personally unfortunately; not sure whether it was sponsored by not-for-profit research institutes or for-profit companies. I can't imagine this rule being economically feasible for most, though. And if the answer is actually a yes, would the company want to make sure that here's a repayment clause in the contract, e.g. if the worker leaves within X years, he/she will have to refund the company for Y% of this visa fee? Is that even legal?

Related, iirc H1-B has a 6-year limit. Under the current policy what's the path forward if the holder is not ready to adjust their status to PR within the timeframe or not qualified to EB category? O1? But there were a wave of news stories about O1 being abused and I wouldn't be surprised if that was a prelude to major changes to the category.

Just curious. Thanks for making this thread.

2 comments

daxuak

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proberts  5 hours ago

Yes, the $100K fee exists and applies under certain circumstances, essentially if the beneficiary is outside the U.S. or ineligible for a change of status or change of employer. Most companies are simply not pursuing H-1B petitions where the $100K fee would apply but there are exceptions.

It's possible to extend H-1B status beyond the 6-year max-out period if the beneficiary is in the green card process. But if the beneficiary isn't in the green card process, then the most common option is the O-1 and while it's getting harder to get an O-1, it's still within reach of many talented professionals and founders.