Overview
- USCIS says the surcharge applies to new H-1B cases for beneficiaries outside the United States and to petitions requesting consular, port-of-entry, or pre‑flight processing.
- Employers must prepay the $100,000 via pay.gov and include the payment confirmation with the filing, and USCIS indicates fees will be refunded if a petition is denied.
- Approved in‑country filings for changes of status, amendments, or extensions are exempt, which includes F‑1 or OPT students transitioning to H‑1B if they remain in valid status.
- USCIS warns that beneficiaries who depart the United States before a change‑of‑status decision risk denial and triggering the surcharge.
- National interest exceptions are available only in extraordinarily rare cases through DHS, and multiple lawsuits challenging the proclamation are still pending.