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U.S. Tightens H-1B: $100,000 Surcharge Stands as DHS Prepares Broader Rule Overhaul

Homeland Security is moving to narrow exemptions, policing third‑party placements after the fee’s rollout, signaling tougher eligibility ahead.

Overview

  • The $100,000 one‑time charge now applies to each new H‑1B petition, with officials confirming exemptions for current holders and many renewals plus a process to request waivers.
  • DHS has listed a rulemaking package titled Reforming the H‑1B Nonimmigrant Visa Classification Program, proposing changes such as revisiting cap exemptions, stricter oversight of third‑party worksites, and heightened scrutiny of past violators, with publication targeted as early as December.
  • Nvidia CEO Jensen Huang said the company will continue sponsoring H‑1B workers and cover the fees, with Fortune estimating a $147.3 million hit if the surcharge applied to its 2025 approvals.
  • Universities, rural school districts, and healthcare providers warn the cost and prospective rules could strain research hiring, teaching roles, and clinical staffing, especially in underserved areas.
  • A coalition of unions, employers, and religious groups has sued in federal court to block the proclamation, as Canada, Germany, and China court foreign tech talent that might otherwise head to the United States.