Breaking News: $100,000 Fee Proposed for New H-1B Petitions
A recent policy proposal from former President Donald Trump introduces a $100,000 filing fee for new H-1B visa petitions—a major development that could significantly impact employers and skilled foreign professionals. At Green Card Link, our immigration attorneys are closely monitoring this situation to help clients understand possible exemptions and the best strategies to navigate these changes.
Understanding the H-1B Visa Stamping Process
Once the U.S. Citizenship and Immigration Services (USCIS) approves your H-1B petition, the next critical step before entering the United States is visa stamping. This process confirms the government’s authorization for you to work legally in the U.S. under H-1B status.
The H-1B visa stamping process involves completing forms, submitting documentation, attending an interview, and having your visa physically placed in your passport. Properly following each step is vital to avoid delays or denials and to ensure a smooth transition into your employment in the United States.
If you need guidance, immigration attorneys at Green Card Link can walk you through every stage—from preparing the required paperwork to ensuring compliance with the latest visa policies.
Domestic Renewal Pilot Program
In 2024, the U.S. Department of State introduced a Domestic Renewal Pilot Program that allowed eligible H-1B visa holders to renew their visas within the United States without traveling abroad. The program applied to individuals whose prior visas were issued by U.S. Missions in Canada or India within specific timeframes and who met detailed eligibility criteria.
Qualified applicants could complete the renewal process online, including form submission and payment of applicable fees. This initiative aimed to simplify the renewal process and reduce the burden of international travel. Green Card Link continues to monitor the program’s developments and can assist clients in determining eligibility for similar future opportunities.
What Is H-1B Visa Stamping?
H-1B visa stamping is the process of obtaining an official visa stamp at a U.S. Embassy or Consulate abroad after USCIS approval. This stamp serves as proof that an individual has legal authorization to enter and work in the U.S. under the H-1B category.
Applicants must attend a consular interview and provide essential documents such as:
- A valid passport
- Form I-797 (H-1B approval notice)
- Employment verification and support letters
- Any additional documentation requested by the consular officer
The visa’s validity period usually matches the duration approved in your H-1B petition. Without this stamp, entry or re-entry into the United States is not permitted for H-1B status holders.
Step-by-Step: The H-1B Visa Stamping Process
Understanding the H-1B stamping process helps applicants prepare effectively and minimize potential setbacks. The process typically includes the following four steps:
- Complete the DS-160 Form
Fill out and submit the DS-160 online visa application form carefully. Accuracy is essential to avoid delays or denials. - Pay the Application Fee and Schedule an Appointment
Once the fee is paid, schedule your consular appointment for the visa interview. - Attend the Fingerprinting Appointment
Visit the designated application support center for biometric data collection. - Attend the Visa Interview
During your interview at the U.S. Embassy or Consulate, you will present your documents and answer questions about your employment and qualifications.
At Green Card Link, our immigration attorneys offer personalized assistance to ensure you are fully prepared for every stage of the H-1B process—from initial petition to final visa stamping.
Step 1: Complete the H-1B Visa Application (Form DS-160)
The first step in your H-1B visa stamping process is completing Form DS-160, the official online visa application form available on the U.S. Department of State’s website. Once you have filled out and submitted the form, you will receive a 10-digit barcode on the confirmation page.
Be sure to print and save this confirmation page, as it will be required during your visa interview. Keeping this document secure ensures a smooth and organized process later on.
If you’re new to the process, the immigration attorneys at Green Card Link can guide you through understanding the H-1B annual cap and eligibility requirements before you begin your DS-160 submission.
Step 2: Pay the Visa Fee and Schedule Your H-1B Interview Appointments
After submitting the DS-160 form, the next step is to pay the visa application fee and schedule your interviews. The H-1B visa process typically involves two separate appointments—one at the Offsite Facilitation Center and another at the U.S. Consulate or Embassy.
You must schedule your Visa Application Center (VAC) appointment at least two days before your consulate or embassy interview.
To proceed:
- Create a user profile on the U.S. Visa Service website.
- Select “Schedule Appointment” and complete your payment through one of the available options.
- Once payment is processed, a confirmation page will appear—this serves as your proof of payment.
Please note that visa fee payments are valid for one year, so make sure to schedule your H-1B interview within that timeframe. At Green Card Link, its immigration attorneys can help ensure that your payments, documentation, and scheduling are aligned with current U.S. immigration procedures to avoid delays.
Step 3: Schedule Your Biometrics (Fingerprinting) Appointment
Your second appointment will be your fingerprinting or biometrics appointment, which must take place at least one day before your consulate interview but no more than three days before.
This appointment is conducted at a VAC (Visa Application Center) and involves fingerprinting and a digital photograph. Accurate timing is crucial—failure to schedule within the required window may delay your interview or processing time.
If you have questions about the scheduling process, the immigration attorneys at Green Card Link can provide detailed guidance to help you stay compliant with embassy requirements.
Step 4: Attend Your H-1B Visa Interview
On the day of your interview, arrive at the designated U.S. Consulate or Embassy with all your required documentation neatly organized. Missing documents could delay approval, so double-check that you bring everything listed below:
- Current and expired passports
- Passport-style photo that meets the following specifications:
- Square format (minimum 600×600 pixels, maximum 1200×1200 pixels)
- Color image in JPEG format
- File size under 240 KB
- DS-160 confirmation page with the VAC stamp
- Visa application fee receipt
- Original Form I-797 (H-1B Approval Notice)
- H-1B classification supplement form
- Labor Condition Application (LCA) for H-1B or H-1B1 nonimmigrant status
- Employment verification letter
- Recent payslips (minimum of the last three months if currently employed under H-1B)
- Recent bank statements (last three months)
- Interview appointment letter and any other supporting documents
At Green Card Link, its experienced immigration attorneys can prepare you for your interview by reviewing your paperwork, ensuring all evidence is in order, and advising you on how to present your case clearly and confidently.
Why Choose Green Card Link?
Navigating the H-1B visa process can be complex and time-sensitive. At Green Card Link, our dedicated immigration attorneys provide end-to-end support—from DS-160 filing and fee payments to interview preparation and documentation review. We help professionals, employers, and families streamline the process and minimize the risk of application errors.
If you are preparing for your H-1B visa stamping or renewal, contact Green Card Link today for trusted, professional assistance.
H-1B Visa Stamping in the United States
The U.S. Department of State recently launched a pilot program to allow eligible professionals to renew their H-1B visas without leaving the United States. This temporary initiative, active from January 29 through April 1, 2024, was designed to streamline the visa renewal process and evaluate the feasibility of future domestic renewals.
The program specifically covered H-1B visa holders whose previous visas were issued by either U.S. Mission Canada (between January 1, 2020, and April 1, 2023) or U.S. Mission India (between February 1 and September 30, 2021). Applicants were required to meet strict eligibility standards and complete an online submission through the designated portal.
A separate presidential proclamation introduced a proposed $100,000 filing fee for new H-1B petitions, potentially affecting both employers and foreign workers seeking sponsorship. However, certain exemptions may apply. For a detailed explanation of how this change could impact your case, you can speak directly with an immigration attorney at Green Card Link.
Eligibility Requirements for Domestic H-1B Renewal
To qualify under the 2024 pilot, applicants had to:
- Maintain valid H-1B status at the time of application.
- Hold an approved and unexpired H-1B petition.
- Have no visa ineligibility issues requiring a waiver.
- Have previously provided ten fingerprints and been eligible for a waiver of the in-person interview
Applicants were instructed to complete the DS-160 form, pay a non-refundable $205 fee, and submit supporting documentation as outlined in the official instructions. The expected processing time ranged from six to eight weeks, with approved visas mailed directly to the applicant. While approval was not guaranteed, the initiative represented a major step toward improving visa processing efficiency and enhancing the overall federal customer experience.
Required Documents for H-1B Visa Stamping
Proper documentation is critical to a smooth H-1B visa stamping process. Below is a checklist commonly recommended by immigration attorneys at Green Card Link to help applicants prepare thoroughly for their visa interview.
1. Job-Related Documents
- Updated resume or curriculum vitae (CV)
- Employment verification letter from your current U.S. employer
- Company profile and documentation related to ongoing or past projects
- Copies of H-1B approval notices (Form I-797) from current and any prior employers
2. Educational Credentials
- Original diplomas, degree certificates, and transcripts (undergraduate and graduate)
- I-20 forms if you previously studied in the U.S.
- OPT or EAD card, if applicable
3. U.S. Government Records
- Client letters, driver’s license, Social Security card
- W-2 forms for the past two years
- Form 1040 individual tax returns
4. Personal Evidence
Depending on your situation, you may need to provide proof of residence such as utility bills, lease or rental agreements, or other supporting materials. When in doubt, consult an immigration attorney at Green Card Link for a personalized document review.
5. Family Documentation for H-4 Dependents
If your spouse or children are applying for H-4 visas, prepare:
- The principal applicant’s I-797 approval notice and I-129 petition
- A photocopy of the principal’s valid H-1B visa
- Original marriage certificate and supporting wedding evidence (e.g., photo album)
- Original birth certificates for each dependent child
At Green Card Link, our immigration attorneys stay informed about evolving H-1B policies and procedural updates to guide clients through every step of their visa journey. Whether you are applying for a new H-1B, seeking renewal, or preparing for visa stamping, our team provides comprehensive legal support to help you navigate complex requirements with confidence.
For a consultation about your specific case, contact Green Card Link today to speak directly with one of our experienced immigration attorneys.
H-1B Visa Stamping Frequently Asked Questions
Below, the immigration attorneys at Green Card Link answer the most common questions about the H-1B visa stamping process—from validity periods and travel rules to extensions, dependents, and re-stamping procedures.
How long can I stay in the U.S. on an H-1B visa?
The H-1B visa allows skilled foreign professionals to work in the United States for up to six years in total. It is generally issued for an initial three-year period, with the option to apply for a three-year extension, depending on your employment terms and the U.S. Citizenship and Immigration Services (USCIS) approval.
If you begin the green card process before your six-year limit, you may be eligible to extend your stay beyond six years while your permanent residence application is pending. Additionally, if you have spent significant time outside the U.S. during your H-1B validity, you can recapture that time by including documentation of your travel when filing for an extension with USCIS.
When can I enter the United States with an H-1B visa?
Once your H-1B visa is stamped, you can enter the U.S. no earlier than 10 days before your employment start date. U.S. immigration officers will not permit earlier entry, so it’s important to plan your travel accordingly when booking your flight.
Does time spent in H-4 status count toward my H-1B visa limit?
No. Time spent under H-4 dependent status does not transfer or reduce the time available under an H-1B visa, since these are distinct visa categories. Your new H-1B will have its own full validity period once approved.
I had an H-1B petition in the past but never got it stamped. Is it still valid?
Your H-1B petition remains valid only if both your Form I-797 and job offer are still current. If either has expired or your employer has withdrawn the petition, your H-1B approval is no longer valid. In such cases, you may need to reapply through a new employer or seek guidance from an immigration attorney at Green Card Link to explore your options.
What happens if I’m laid off from my H-1B job?
Under current USCIS regulations, H-1B visa holders are granted a 60-day grace period after termination of employment. During this period, you can find a new sponsoring employer, change your visa status (for example, to an L-1 or B-2 visa), or prepare to depart the United States. Prior to this rule, no grace period existed—making this policy a crucial protection for H-1B professionals.
Can my H-4 spouse or dependents work in the U.S.?
Yes—under certain conditions. The Department of Homeland Security permits eligible H-4 dependents to apply for Employment Authorization Documents (EADs) if the principal H-1B holder has an approved I-140 immigrant petition.
However, this employment authorization remains valid only while the principal H-1B status and I-140 approval are active. If USCIS revokes the I-140, your H-4 spouse or dependent will lose eligibility to renew their EAD.
Should I change status or go through consular processing for H-1B stamping?
It depends on your location and current visa status.
- If you are already in the U.S., changing your status to H-1B is typically more convenient and cost-effective.
- If you are outside the U.S., you must complete consular processing by visiting a U.S. embassy or consulate for visa stamping before entering the country.
Consult with the immigration attorneys at Green Card Link to determine the best option for your situation.
What’s the best way to get my first H-1B visa stamped if I’m in the U.S.?
If you’re in the U.S. and need first-time H-1B stamping, the most straightforward and low-risk approach is to travel to your home country for the stamping process. Although you can schedule an appointment in a neighboring country, such as Canada or Mexico, this may involve additional procedures or risks. Most applicants find it smoother and more familiar to handle stamping in their home country.
What if USCIS denies my H-1B visa stamping?
If your H-1B visa application is denied, you cannot enter the U.S. under that petition. Denials may occur for reasons such as documentation errors, incorrect filing fees, or suspicion of misrepresentation. If the issue is procedural or clerical, you may reapply after correcting the problem. Before reapplying, it is strongly recommended that you consult with an immigration attorney at Green Card Link to assess your case and increase your likelihood of success.
How can I renew or re-stamp my H-1B visa?
To re-stamp your visa after renewal, follow the same steps as your initial stamping, including completing Form DS-160 and scheduling a consular interview. Be prepared to provide updated documents, such as a recent employment verification letter and new Form I-797 approval notice.
Does premium processing help with H-1B stamping?
Premium processing accelerates USCIS’s review of your Form I-129 petition—reducing processing time to 15 calendar days—but it does not guarantee approval or exemption from the annual H-1B cap. It also doesn’t influence visa issuance at a consulate. However, premium processing can be helpful when you need a faster petition decision before scheduling your stamping appointment.
How do I schedule my H-1B visa stamping appointment?
To schedule an appointment, visit the U.S. Department of State’s visa appointment portal, complete the DS-160 form, pay the required visa fees, and select an available interview date and consulate location. Having all supporting documents ready—including your I-797 approval notice and employer letter—will help streamline the process.
How the immigration attorneys at Green Card Link can help with H-1B stamping
At Green Card Link, our immigration attorneys have extensive experience assisting clients through every stage of the H-1B stamping process. From preparing and reviewing your DS-160 form to scheduling embassy interviews and VAC appointments, our team ensures that your application package is accurate, complete, and compliant with all USCIS and Department of State requirements.
Whether you’re pursuing your first H-1B visa, extending your stay, or transitioning toward permanent residency, Green Card Link provides the legal guidance and support you need for a smooth and successful outcome.