Overview
- USCIS says the six-figure fee applies to new H-1B petitions for beneficiaries outside the U.S., including consular, port-of-entry, or preflight inspection cases, with payment due at filing.
- Extensions, amendments, and changes of status filed inside the U.S. are generally exempt if the worker maintains lawful status and does not depart before adjudication, though travel or a status lapse can trigger the fee.
- National interest waivers are described as “extraordinarily rare,” must be requested from DHS before filing, and petitions lacking a precleared exception risk denial.
- New implementation steps require employers to notify existing workers within 90 days of filing and to document efforts to recruit U.S. workers first.
- Two lawsuits—including a challenge by the U.S. Chamber of Commerce—are pending, as universities, arts institutions, and tech advocates report disrupted hiring and press for narrow exemptions.