Overview

• Signed on September 19, the proclamation adds a $100,000 processing surcharge to each new H‑1B petition, effective September 21.
• Officials clarified the fee applies only to new applications and does not cover current visa holders or renewals.
• The directive includes a waiver for applicants working on projects deemed of “national importance.”
• Immigration lawyers say legal challenges are likely over the fee’s legality without formal rulemaking, and employers report uncertainty over transfers and student pathways to H‑1B.
• Companies warn the added cost could curb hiring or push more work offshore, with India—71% of H‑1B approvals in 2024—expected to see outsized impact.