As H-1B Cost Surges, A Look At Cost, Eligibility Of L-1, O-1, EB-5, OPT Visas

US President Donald Trump's decision to impose a $100,000 fee on new H-1B visa applications, effective September 21, has prompted international professionals to seek alternative pathways to the US job market.

This significant fee increase only affects applicants applying from outside the United States. Current visa holders and those seeking renewals or extensions remain exempt. The H-1B visa, designed for specialty occupations, offers validity for 3-6 years.

With Indian professionals representing over 70 percent of H-1B visa holders, many are now exploring alternative options for US employment. These alternatives include the L-1 visa for intra-company transfers, the O-1 visa for individuals with exceptional abilities, the EB-5 visa for investors, and Optional Practical Training (OPT) extensions for students.

L-1 Visa: Intra-Company Transfer

This visa category facilitates employee transfers from foreign offices to US offices within the same company.

Cost

USCIS Filing Fee: $1,055 (approximately Rs 92,000).

Premium Processing (Optional): $2,805 (approximately Rs 2.5 lakh).

Legal Fees: Typically between $5,000 and $25,000 (approximately Rs 4.4 lakh to Rs 22 lakh), varying based on process complexity and legal representation.

Eligibility

L-1A (Managers/Executives): Must have worked for the company abroad for at least one continuous year within the previous three years.

L-1B (Specialised Knowledge Workers): Must possess specialized knowledge critical to the company's operations.

Employer Requirement: Must be a multinational company operating in both the home country and the US.

O-1 Visa: Individuals With Extraordinary Ability

The O-1 visa caters to individuals demonstrating extraordinary ability in sciences, arts, education, business, or athletics.

Cost

USCIS Filing Fee: $1,055 (about Rs 92,000).

Premium Processing (Optional): $2,805 (approximately Rs 2.5 lakh).

Legal Fees: Range from $5,500 to $8,000 (around Rs 4.8 lakh to Rs 7 lakh).

Visa Integrity Fee: $250 (approximately Rs 22,000), effective from fiscal year 2025.

Eligibility

Field of Expertise: Applicable to professionals in sciences, arts, education, business, or athletics.

Criteria: Candidates must satisfy at least three of eight specified criteria demonstrating national or international recognition.

Documentation: Requires substantial evidence of achievements, such as awards, publications, or significant field contributions.

EB-5 Visa: Investor Visa

This investor visa provides a pathway to permanent US residence through substantial investment and job creation.

Cost

Investment Amount: $800,000 (about Rs 70.4 lakh) in a Targeted Employment Area (TEA) or $1,050,000 (approximately Rs 92 lakh) in a non-TEA project.

Administrative Fee: Typically 10 percent of the investment, approximately $80,000 (approximately Rs 7 lakh).

Legal Fees: Range from $25,000 to $35,000 (about Rs 22 lakh to Rs 30.8 lakh) for the entire process.

USCIS Fees: $12,160 (approximately Rs 10.6 lakh) for the initial I-526E petition; $9,525 (Rs 8.3 lakh) for the I-829 petition.

Eligibility

Investment Requirement: Must invest in a US business that creates or preserves American jobs.

Job Creation: Required to create or preserve at least 10 full-time positions for qualifying US workers.

Risk of Investment: Investment must be at risk and subject to potential loss.

OPT (Optional Practical Training) For F-1 Students

This temporary work program allows F-1 student visa holders to gain practical experience directly related to their field of study.

Cost

Application Fee: $520 (approximately Rs 45,500) payable to the US Department of Homeland Security.

Additional Costs: May include legal fees if seeking professional assistance.

Eligibility

Student Status: Must be an F-1 student who has completed at least one academic year of study.

Field of Study: Employment must directly relate to the student's major area of study.

Duration: Up to 12 months of post-completion OPT, with an additional 24-month extension available for STEM graduates.