Overview
- The agency’s latest guidance limits the surcharge to petitions filed on or after Sept. 21, 2025 for beneficiaries abroad or for cases requesting consular, port‑of‑entry, or pre‑flight processing.
- Change‑of‑status, amendment, and extension filings for individuals in valid U.S. status are generally exempt if approved, with a warning that travel during adjudication can be treated as abandoning the stateside request.
- Employers must prepay the $100,000 via pay.gov and include proof with the petition or face denial, and the online form indicates refunds if a petition is denied.
- USCIS notes that previously issued H‑1B visas and petitions submitted before the effective date are unaffected, and approved in‑country changes of status remain exempt even if the worker later departs for visa stamping.
- DHS describes national‑interest exceptions as extraordinarily rare with stringent criteria, and multiple lawsuits, including one by the U.S. Chamber of Commerce, remain pending.