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Hospitals, Businesses Challenge $100,000 H‑1B Fee as DHS Ends Automatic Work-Permit Extensions

The surcharge now applies only to new petitions for workers abroad, reshaping hiring plans across healthcare and tech.

Overview

  • President Trump's Sept. 19 proclamation imposes a one-time $100,000 charge on each new H‑1B petition filed on or after Sept. 21.
  • The administration has clarified the fee targets only new applicants living abroad, not workers already in the United States.
  • Hospitals say they are pausing overseas recruitment, and the American Hospital Association is seeking exemptions for medical personnel.
  • Two federal lawsuits—Global Nurse Force in the Northern District of California and the U.S. Chamber of Commerce in D.C.—argue the fee violates the INA and APA and seek to halt enforcement.
  • DHS has ended automatic work-permit extensions while leaving those granted before Oct. 30 valid, a change experts warn will intensify disruptions for workers, especially Indian nationals.