Overview
- Change‑of‑status petitions for individuals already in the United States, including F‑1 students on OPT moving to H‑1B, are generally not subject to the surcharge if USCIS approves the request and the beneficiary remains in the country during adjudication.
- Employers must prepay $100,000 via pay.gov before filing and include proof with the petition or face denial, with refunds available if a petition subject to the fee is ultimately denied.
- The payment applies to petitions for beneficiaries outside the United States and to filings requesting consular notification, port‑of‑entry notification, or pre‑flight inspection.
- USCIS describes national interest exceptions as extraordinarily rare, requiring strict DHS criteria and submission of a detailed request by email to [email protected].
- Legal challenges to the proclamation are pending, including a suit by the U.S. Chamber of Commerce, as employers reevaluate hiring and travel strategies.