Overview
- USCIS guidance says the fee applies to new H‑1B petitions filed on or after Sept. 21, 2025 for beneficiaries outside the U.S. or cases routed to consular processing, while in‑country changes, extensions and amendments generally avoid the charge if the worker does not depart before adjudication.
- The national‑interest exception is described as extraordinarily rare, requires a pre‑filing request to DHS, and hinges on strict findings that no U.S. worker is available and that imposing the fee would significantly undermine U.S. interests.
- In a Fox News interview, President Trump said the U.S. must "bring in talent," drawing criticism from some supporters, yet the proclamation and narrow exemptions remain unchanged.
- The U.S. Chamber of Commerce and sector coalitions have filed lawsuits to block the fee and related actions, with courts expected to weigh requests to halt enforcement in the coming weeks.
- Universities, tech employers and arts organizations report deterrent effects on hiring and advise candidates to remain in the U.S. during processing to avoid triggering the fee, as DHS also pursues rules to narrow specialty‑occupation definitions and increase worksite inspections.