Overview
- USCIS guidance says the one-time $100,000 charge applies only to H-1B petitions filed on or after September 21 for beneficiaries outside the U.S., including cases requesting consular or port-of-entry processing.
- Employers must pay the surcharge upfront via pay.gov, and the agency confirms exemptions for in-country changes of status, extensions, amendments, and current H-1B holders.
- Multiple lawsuits are pending, including a U.S. Chamber of Commerce case and an earlier coalition suit, with plaintiffs arguing the fee exceeds presidential authority and violates immigration law.
- Several employers have paused or curtailed sponsorships, including Walmart, Intuitive Surgical, Tata Consultancy Services and others, while Nvidia told staff it will continue sponsorship and cover fees.
- A bipartisan group of lawmakers urged reconsideration, warning of harm to startups and competitiveness, as USCIS notes FY2026 H-1B caps are already reached and the proclamation runs through September 21, 2026 unless extended.