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8h ago

USCIS Narrows $100,000 H‑1B Fee to New Overseas Petitions as Lawsuits Mount

USCIS now requires proof of a pay.gov payment before filing, with only extraordinarily rare national‑interest waivers.

H1B visa: US influencer emphasized the existing loopholes and highlighted that current visa caps render the fee ineffective for many applicants.
In response to Trump's $100,000 fee for new H-1B visa applications, several major companies have stopped or reduced sponsorship.
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Overview

  • The $100,000 payment applies to H‑1B petitions filed on or after Sept. 21 for beneficiaries outside the United States and to filings that request consular or port‑of‑entry processing.
  • Domestic filings for change of status, extensions, amendments, or transfers approved for workers already in the country are exempt from the new charge.
  • Petitioners must include evidence of a scheduled pay.gov payment at filing or submit a DHS‑approved exception request to [email protected], or the case will be denied.
  • Exceptions require DHS to find the role is in the national interest, that no U.S. worker is available, that the beneficiary poses no security risk, and that requiring payment would significantly undermine U.S. interests.
  • Legal challenges from a coalition including unions and universities and a separate suit by the U.S. Chamber are pending, while Canada unveils a talent plan and commentators flag perceived loopholes such as F‑1‑to‑H‑1B exemptions and unresolved questions about H‑1B1 eligibility.