Thousands of Indian professionals working in America are dependent on H-1B visa, in such a situation, it is very important to have correct information about the rules related to visa. Often people remain confused about H-1B extension and H-1B amendment. Sometimes due to filling wrong form or not applying on time, visa status can be in danger. Let us know what are H-1B extension and amendment, what is the difference between the two and in which situation which application is necessary.

What is H-1B extension?

An H-1B extension is filed when a person is already working in the US on an H-1B visa and his or her visa is about to expire, but there has been no change in the terms of his or her employment.

This means that work continues at the same company, same post, same salary and same location, only the visa deadline is extended. If nothing has changed in your job and only the visa is about to expire, an extension is the right option. This process allows the employee to legally remain in the US and continue working.

What is H-1B amendment?

When there is a major change in the employment conditions of a person working on an H-1B visa, it is necessary to file an H-1B amendment. This simply means informing the government that there has been some important change in your job.

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Main difference between extension and amendment

H-1B extension is related to time, while H-1B amendment is related to change. Extension happens when everything is the same as before and only the duration of the visa needs to be extended. Amendment is necessary when there is a major change in the terms and conditions of employment. In many cases, it happens that the employee has to file both extension and amendment simultaneously, like when there is a change in job and the date of the visa is also about to expire.

Why is correct filing important?

If the correct application is not made on time, then the visa status can be affected. This can also jeopardize the future green card, visa renewal or permission to stay in America, hence it is very important for every H-1B employee to understand the difference between extension and amendment.

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There is a big relief news for H-1B visa holders in America. The US Department of Homeland Security has recently issued a new guideline regarding the application fee of $ 1 lakh (approximately Rs 83 lakh). Many types of exemptions and exceptions have been given in this.

According to the new guidelines, foreign workers who are changing from another visa category like F-1 (student visa) to H-1B visa will not have to pay this heavy fee. Similarly, those who are already living in America and are applying for any amendment, change in status or extension of their H-1B visa, this fee will also not be charged. At present, those who have a valid H-1B visa will not have any restrictions in traveling to America.

This announcement applies only to new visa applicants who are outside the US and do not have a valid H-1B visa. An online payment link is also provided for new applications.

What did the US Chamber of Commerce say?

This clarification comes two days after the US Chamber of Commerce, the country’s largest business organization, sued the Trump administration over the new rules and termed them illegal. They say that this new fee will cause great harm to American companies, because it will increase their labor costs or they will have to reduce the recruitment of skilled foreign workers.

What else was said in the petition?

The petition also says that Trump’s September 19 order is “legally wrong” and will benefit America’s economic rivals. Earlier on October 3, a group of teachers, unions and other organizations had also filed a lawsuit against the same rule.

At the same time, while signing this order, Trump had said that its purpose is to “give priority in jobs to American citizens”. However, this had created confusion as to whether this rule would also apply to already visa holders, who may face difficulties in returning to America.

The White House issued a clarification to IANS on September 20, saying it was a “one-time fee” that applied only to new visas, not renewals or existing visa holders.

It is noteworthy that in the year 2024, more than 70 percent of the total approved H-1B visas were given to employees of Indian origin, because the number of skilled professionals coming from India is the highest and the number of pending applications is also very large.

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H 1b visa: The US Government Shutdown, which began on 1 October, has completely stalled the H1B visa process. The biggest impact of this is on the Indian professionals who are H1B visa beneficiaries. According to data, more than 71% of Indians are Indian professionals in H1B visa holders.

The US Department of Labor releases the required LCA (Labor Condition Application) before approved any H1B visa application. But due to shutdown, the functioning of the department has stopped.

New visa cannot be released

According to immigration lawyers, if the employees have not taken LCA approval before the shutdown, then no new H1B visa can be given. Apart from this, change in the condition of visa will also not be possible. Sophie Alcorn, an immigration lawyer of Silicon Valley, said that this will have the most impact on new applications. At the same time, there will be no effect on the already ongoing matters as American citizenship and immigration services (USCIs) work on the basis of their fees and are not dependent on the Congress budget.

Employees and their families increased concern

The situation of thousands of technical staff and their families has been affected due to shutdown. The legal status of many employees depends directly on government approval. Startup companies are facing uncertainty about their employees. It also includes the founder who is on a visa himself. The process of recruitment of high skilled employees and visa renewal has stopped completely. O 1 visa people, who are given special abilities in science, art or business, are also facing similar uncertainty as the immigration process has slowed down and affected due to shutdown.

H1B visa fee increase

There is no fixed date of government shutdown. President Trump has recently announced an increase in visa fee for the new H1B visa applicants by $ 1,00,000. Along with this, a plan has been made to change the lottery system to give priority to high -paying employees. This shutdown started on 1 October at 12:01 pm local time and no end date is fixed. The last long shutdown lasted for 35 days during Trump’s tenure, which was the longest in the last four decades. Until the Congress agrees on funding, Indian professionals working in America will have to wait uncertain.

US President Donald Trump has increased the difficulties for India’s IT professionals by increasing the H1B visa fees. Now Indians will have to spend 1 lakh dollars (about 88 lakh rupees) for H1B visa. This decision has made the dream of working in America expensive and concern has increased in India’s IT sector and startups.

What did the Trump administration say?

The Trump administration says that the new ‘Gold Card’ option will help America bring the most efficient professional directly. He argues that the misuse of H1B visa is becoming a threat to American jobs. According to the White House data, in 2003, H1B professionals had 32% IT jobs, which would exceed 65% by 2025.

The new visa fees will think twice before going to the Indian professional America. Experts say that this is both challenge and opportunity for India. Many companies have now reduced their dependence on H1B visas and are increasing recruitment at the local level.

How will India benefit?

Experts in the IT industry believe that the new fees will be forced to return home to the Indian talent working in America. This will increase the flow of skill, experience and capital in India. According to Vivek Wadhwa, CEO of Vionix Biosciences, this will be a financial loss for America but India will benefit.

It is time for the Government of India and companies to increase local opportunities and establish India as a global tech hub. Experts believe that ‘American Dream’ in America will be difficult now, but India will get the benefit in the long time. This change will completely change the scenario of global IT talent and Indian professionals will explore their career and business options under new circumstances.

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According to an order issued by US President Donald Trump on Friday (local time), H-1B visa holders will be prevented from entering the US from Sunday (21 September), until his employer has paid an annual fee of US $ 1 lakh (about Rs 88 lakh) for each employee.

Under this order, this visa entry restriction and fee rule will apply to both new and existing H-1B visa holders. For the new H-1-1B visa or H-1B expansion, payment of $ 1 lakh will be required and after that it will be mandatory to pay this fee every year.

The period of ban has been told that this rule will remain in force for 12 months, but it can be extended on the recommendation of federal immigration agencies. If it is extended, this ban will continue for FY 2027 H-1B cap petition approved foreign employees.

Both companies and employees may have heavy

This step may have a huge impact to both companies and employees. The Trump administration has instructed companies to pay 1 million dollars of annual fee for every H-1B employee. This increased fee has been applied to prevent the systematic misuse of the H-1B program. Earlier this administrative fee was only $ 1,500. This new order can create instability in Big Tech companies and employees are being advised to stay in America or return early.

Its effect on Indian employees can be deeper. According to the USCIS data, around 4 lakh H-1B visas issued between October 2022 and September 2023 are 72% Indians. New York-based Immigration Advocate Cyrus Mehta has warned that many H-1B holders present in India will not be able to reach America till the time limit (September 21 midnight), as it is not possible to reach on time from direct flight. He said that H-1B holders may be trapped out of America on business or holiday if they do not reach America in time.

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