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DHS Signals December H-1B Rule Overhaul as $100,000 Surcharge Takes Hold

A one-time fee now applies to new petitions, with draft rules pointing to narrower cap exemptions alongside stricter third-party scrutiny.

Overview

  • A DHS note reported by Newsweek outlines planned rules to revise cap‑exemption eligibility, heighten oversight of third‑party placements, and increase scrutiny of employers with prior violations, with publication targeted for December.
  • The White House clarified the $100,000 H‑1B charge is a one‑time fee limited to new petitions, easing initial confusion over recurring costs.
  • Reports described visa holders and families cutting trips short to return before a September 21 deadline to avoid being stranded or denied entry.
  • Legal challenges argue the changes would disrupt hiring across the economy, noting roughly one‑third of H‑1B workers serve in healthcare, education, religious services, and academia.
  • Industry voices continue to defend high‑skilled immigration, with Nvidia’s Jensen Huang saying his family could not have immigrated under the proposed policies and several Indian‑origin tech leaders citing the program’s role in their careers.