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6h ago

USCIS Clarifies $100,000 H‑1B Fee: Applies Only to New Overseas Hires

USCIS limits the surcharge to new petitions for workers abroad, with rare Secretary‑approved exceptions plus mandatory online employer payment.

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FILE - In this Aug. 17, 2018, file photo, people arrive before the start of a naturalization ceremony at the U.S. Citizenship and Immigration Services Miami Field Office in Miami. The number of applications for visas used in the technology industry soared for a second straight year, raising “serious concerns” that some are manipulating the system to gain an unfair advantage, authorities said Friday. There were 780,884 applications for H-1B visas in this year's computer-generated lottery, up 61% from 483,927 last year, U.S. Citizenship and Immigration Services said in a message to “stakeholders.” (AP Photo/Wilfredo Lee, File)
US employers sponsoring new foreign workers from abroad under the H-1B programme must pay the $100,000 fee.
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Overview

  • The agency says the fee applies to H‑1B petitions filed on or after 12:01 a.m. ET on September 21, 2025 for beneficiaries outside the United States, including cases requesting consular or pre‑flight inspection processing.
  • Petitions for amendments, changes of status, or extensions granted for individuals inside the United States are excluded, and current H‑1B holders may continue to travel; the fee can still be triggered if a change‑of‑status or extension request is denied.
  • Employers must pay the $100,000 via pay.gov and include proof of payment at filing, with petitions lacking payment evidence or an approved exception subject to denial.
  • Exceptions are described as extraordinarily rare and require a determination by the Secretary of Homeland Security that hiring is in the national interest, that no U.S. worker is available, that the worker poses no security risk, and that requiring payment would significantly undermine U.S. interests.
  • Legal challenges are underway, including suits filed October 3 and October 16, as tech companies, government contractors, hospitals, and universities assess hiring impacts, with Indian nationals comprising a large share of potential beneficiaries.