What Indian applicants must know about new immigration rules in Sept

US, Belgium and Cyprus are changing visa, work permit and residency rules this month, impacting Indian students, workers and applicants.

Students, skilled workers and employers hiring foreign professionals face a series of immigration changes this month in the United States and various other countries. Higher costs for some US H-1B and L-1 visa extensions, tighter rules for international students and a broader financial scrutiny of some green card applicants are all set to take effect in September.

 

The changes are not limited to the US. Belgium’s Flanders region is introducing a new fee for single work-and-residence permits, while Cyprus is adding medical-document requirements for certain immigration permit applications from September 1.

 

Here is what applicants and employers need to know.

US: H-1B and L-1 extensions become costlier

  

From September 9, certain US employers will have to pay the existing 9-11 Response and Biometric Entry-Exit Fee on all eligible H-1B and L-1 extension-of-status petitions.

 

The fee is $ 4,000 for H-1B and $4,500 for L-1 petitions. It applies to employers with at least 50 US employees where more than half of their workforce is in H-1B, L-1A or L-1B status.

 

The significant change is the scope of the fee. It will now cover extension petitions even when the worker is continuing with the same employer. Amended petitions that do not seek an extension of the worker's existing status remain exempt.

 

For Indian information technology (IT) and consulting companies, which employ large numbers of H-1B workers, this could raise the cost of retaining employees in the US.

 

September 15: US students face a major status change

 

The US will also replace the long-standing Duration of Status (D/S) system for F-1 students and J-1 exchange visitors from September 15.

 

Instead of being admitted for the duration of their programme, students will generally receive a fixed Admit Until Date on their I-94. The admission period will generally be tied to the programme end date and cannot exceed four years under the new framework.

 

This matters particularly for Indian students pursuing programmes that run longer than expected. Those who need additional time could have to apply for an extension of stay rather than relying on the earlier D/S arrangement.

 

Students should therefore check their I-20 or DS-2019 and understand how the new rules affect their programme, OPT or travel plans.

 

New USCIS forms

September 15 is also the deadline for new editions of Form I-539 and Form I-765. USCIS will reject applications filed on or after that date using older editions.

 

The I-539 is used for applications to extend or change certain non-immigrant statuses, while the I-765 is used for employment authorisation, including OPT and STEM OPT applications.

 

September 18: Green card applicants face broader scrutiny

 

Another major change comes on September 18, when the US public-charge rules are revised.

 

Under the new framework, immigration officers will have broader discretion to assess an applicant's circumstances as a whole, rather than relying on the narrower framework introduced in 2022. Factors such as age, health, family circumstances, financial position, education and skills can form part of the assessment. Certain means-tested public benefits may also be considered.

 

The change applies to relevant adjustment-of-status applications filed on or after September 18. A revised Form I-485 will also become mandatory from that date.

 

For Indian applicants seeking a US green card, maintaining clear records of income, assets, employment and financial support will therefore become more important.

 

Belgium: New fee for workers in Flanders

From September 1, employers in Belgium's Flanders region must pay a new €180 regional fee for each single permit application.

 

The single permit combines permission to work and reside in Belgium for more than 90 days. The new charge applies to both first applications and renewals and comes on top of the existing federal immigration contribution.

 

The fee is generally payable by the employer, making international hiring more expensive for companies recruiting workers from outside the European Economic Area.

 

Cyprus: More medical documents required

 

Cyprus has also introduced additional requirements from September 1 for immigration permit applications under Categories A-F.

 

Applicants and their dependants must submit original blood-test results from abroad covering hepatitis B, hepatitis C, HIV and syphilis, along with an original chest X-ray for tuberculosis screening. Documents must generally be certified or legalised.

 

An exception applies where the applicant already holds a temporary residence permit in Cyprus and the required medical records are still held in the authorities' files.

What Indian applicants should do

Those planning to file or renew immigration applications this month should:

 

Check whether the correct US form edition is being used.

 

H-1B and L-1 employers should budget for the additional September 9 fee where applicable.

 

F-1 and J-1 students should review their programme end dates and travel plans.

 

Green card applicants should keep financial and employment records organised.

 

Applicants for Belgium's Flanders region should account for the new employer-side fee.

 

Cyprus applicants should arrange the required medical tests and certification before filing.

 

With several changes taking effect within days of one another, filing dates and document versions could directly affect the cost and processing of an application.