Overview
- The $100,000 surcharge, created by a Sept. 19 presidential proclamation and effective Sept. 21, now applies primarily to new H-1B petitions for beneficiaries outside the United States.
- USCIS says most domestic filings—extensions, amendments, transfers, and changes of status for workers in the country at filing—do not trigger the charge, while petitions involving consular processing can.
- Employers must prepay the $100,000 via pay.gov before filing and include proof of scheduled payment or an approved exception request with the petition.
- Exceptions will be granted only in extraordinarily rare cases that satisfy four criteria: national interest, no available U.S. worker, no security or welfare risk, and a showing that payment would significantly undermine U.S. interests.
- Canada’s Prime Minister Mark Carney announced an upcoming budget will present a new immigration plan and talent strategy to attract skilled workers, responding to shifts in U.S. visa policy; questions persist on H-1B1 treatment for Chile and Singapore pending formal clarification.