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9h ago

USCIS Narrows Reach of Trump’s $100,000 H‑1B Fee to New Overseas Petitions

Employers must pay through pay.gov, with only rare DHS‑approved exceptions available.

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FILE - In this Aug. 17, 2018, file photo, people arrive before the start of a naturalization ceremony at the U.S. Citizenship and Immigration Services Miami Field Office in Miami. The number of applications for visas used in the technology industry soared for a second straight year, raising “serious concerns” that some are manipulating the system to gain an unfair advantage, authorities said Friday. There were 780,884 applications for H-1B visas in this year's computer-generated lottery, up 61% from 483,927 last year, U.S. Citizenship and Immigration Services said in a message to “stakeholders.” (AP Photo/Wilfredo Lee, File)
US employers sponsoring new foreign workers from abroad under the H-1B programme must pay the $100,000 fee.
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Overview

  • The fee applies to petitions filed on or after Sept. 21, 2025 for beneficiaries outside the United States, including cases requesting consular or pre‑flight inspection notification.
  • Petitions for amendments, changes of status, or extensions granted inside the U.S. are exempt, and existing H‑1B holders and pre‑Sept. 21 filings are not subject to the charge.
  • If a change‑of‑status or extension request is denied, or the beneficiary leaves the U.S. before adjudication, the payment requirement then applies under the proclamation.
  • USCIS directs employers to submit the $100,000 via pay.gov and warns petitions lacking proof of payment or an approved exception will be denied; exception requests go to [email protected].
  • Multiple lawsuits challenging the proclamation—including an Oct. 16 filing by the U.S. Chamber of Commerce—are pending as contractors and tech firms assess costs, with Indian workers most exposed given their large share of H‑1B approvals.