Lok Sabha Question No. 214 (STARRED), answered on 2016-05-09
Subject: Hike in H1B Visa Fee
Ministry: COMMERCE AND INDUSTRY
Asked by: B. SREERAMULU, BALASUBRAMANIAM SENGUTTUVAN

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY

## (DEPARTMENT OF COMMERCE)

## LOK SABHA

## STARRED QUESTION NO. 214 TO BE ANSWERED ON 09 TH   MAY, 2016

## HIKE IN H1B VISA FEE

## *214. SHRI B. SRIRAMULU: SHRI B. SENGUTTUVAN:

Will the Minister of COMMERCE & INDUSTRY ( वािणÏय एवं उɮयोग मंत्री ) be pleased to state:

- (a) whether  the  number  of  H1B  visa  applicants  has  increased  manifold  over  the  last three years and if so, the details thereof, year-wise;
- (b) whether the Government is aware that the United States of America has increased the fee for H1B and L1 visa and if so, the details thereof;
- (c) whether India has made it clear to the US that the enhanced visa fee may affect the Indian IT industry/IT professionals in a big way and if so, the details thereof; and
- (d) whether the US Government has assured that it will look into India's concerns over the said move and if so, the details thereof; and
- (e) the action taken to protect the interests of Indian professionals?

## ANSWER

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THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE AND INDUSTRY

(INDEPENDENT CHARGE)

(SMT. NIRMALA SITHARAMAN)

a) to  e):    A Statement is laid on the Table of the House.

*****

## STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF LOK SABHA STARRED QUESTION NO.214  FOR ANSWER ON 09 TH   MAY, 2016 REGARDING 'HIKE IN H1B VISA FEE'

(a):                According  to  data  available  from  the  U.S.  Citizenship  and  Immigration  Services (USCIS), the USCIS received 124,000 H-1B visa applications for FY2014; 172,500 H-1B visa applications for FY 2015; 233,000 H-1B visa application for FY 2016; and 236,000 H-1B visa application for FY 2017.

(b):                Yes.  On  December  18,  2015,  the  US  President  signed  into  law  the  2016  Omnibus Spending Bill (Public Law 114-113) which doubled the supplemental visa fees for L-1 and H-1B visas  for  a  period  of  10  years  for  companies  employing  50  or  more  employees  in  the  United States, 50% of which are on L-1 and H-1B visas (50:50 rule). With this legislation in place, 50:50 companies would now need to pay an enhanced fee of $4,500 for each L-1 visa and $4000 for each H-1B visa, as compared to $2,250 and $2000 previously.

(c) and (e): The increase in H-1B and L-1 visa fee issue has been raised with the US Government at  various  levels  including  by  the  Indian  PM  with  the  U.S.  President  in  December  2015  and recently  by  the  Finance  Minister  with  the  US  Trade  Representative  on  April  13,  2016.  The Department  of  Commerce  has  raised  this  issue  with  the  concerned  US  authorities  on  several occasions  highlighting  the  negative  impact  of  the  hike  in  visa  fee,  particularly  on  Indian  IT Companies. In this regard, a letter was written by the MOS Commerce & Industries to Ms. Penny Pritzker,  Commerce  Secretary,  USA  and  to  Ms.  Caroline  Atkinson,  Deputy  National  Security Advisor,  USA,  on  4 th December,  2015,  wherein  it  was  requested  not  to  incorporate  such discriminatory  and  punitive  measures  into  legislations  without  due  process  of  Notice  and Comment, as it would seriously impede the on-going efforts to take the India-US bilateral trade and investment relationship forward. Concerns about the visa fee hike and other related issues were raised during the Indo-US Trade Policy Forum meeting held in Washington DC in October, 2015. India has also taken up the matter on US visa fee hike in the Dispute Settlement Body of the World Trade Organisation (WTO).

(d): No  such  assurances have been  received  from  the  US  Government.  The  US government has informed that the visa fee hike has been done through a legislative action, where the role of the Administration is quite limited.