Overview
- The one-time $100,000 charge took effect Sept. 21 for new overseas H‑1B petitions under a one-year proclamation, with renewals and many in‑U.S. change‑of‑status cases excluded.
- USCIS guidance indicates F‑1 and J‑1 holders changing to H‑1B inside the U.S. can avoid the fee but may need to postpone international travel until their status is approved.
- DHS maintains an “extraordinarily rare” national‑interest waiver process, while nearly three dozen higher‑education groups led by ACE have requested a sectorwide exemption from Secretary Kristi Noem.
- Legal challenges are underway, including a U.S. Chamber of Commerce suit to block the fee and a separate case from coalitions representing higher education, healthcare, K‑12 and religious groups.
- Universities and arts institutions report deterrents to sponsorships and hiring under the new cost structure, as DHS also pursues rules to narrow “specialty occupation,” expand worksite inspections and require direct‑employer filings.