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USCIS Narrows $100,000 H-1B Fee to New Overseas Hires as Employers Shift Strategies

Most domestic extensions, transfers or changes of status are exempt, with national‑interest waivers described as extraordinarily rare.

Overview

  • Updated USCIS guidance says the surcharge applies to petitions filed on or after September 21 for beneficiaries outside the United States or for cases requesting consular processing or port‑of‑entry notification.
  • Employers must prepay the $100,000 via pay.gov and include proof of payment with the H‑1B filing or submit evidence of a narrowly granted exception from the Homeland Security secretary.
  • Reports show companies including Walmart, Tata Consultancy Services, Cognizant and Intuitive Surgical have paused or curtailed sponsorship for new overseas hires, while Nvidia told staff it will continue sponsoring and cover costs.
  • Multiple lawsuits from a coalition including healthcare and labor groups and from the U.S. Chamber of Commerce seek to block enforcement, arguing the proclamation exceeds executive authority and violates federal law.
  • Canada’s government unveiled a talent strategy within a forthcoming immigration plan to attract skilled workers as online debate grows over exemptions such as F‑1 to H‑1B changes and as many firms pivot to local hires or existing H‑1B holders.