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10h ago

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

Businesses now must prepay via Pay.gov, with court challenges contesting the policy’s authority.

H1B temporary work visa page of Indian national, as U.S. Chamber of Commerce sues Trump administration over $100,000 H-1B fee.
H-1B hiring freeze deepens as Trump’s $100,000 visa fee rattles tech and med-tech sectors
An unidentified volunteer from the American Legion Auxiliary, left, holds U.S. flags to pass out during a naturalization ceremony for 25 people at the U.S. District Court for the District of Vermont in Rutland, Vermont November 17, 2015.

Overview

  • USCIS guidance says the surcharge primarily applies to new H-1B petitions filed on or after September 21, 2025 for beneficiaries abroad seeking consular processing, while in‑U.S. extensions and change‑of‑status filings are exempt.
  • Employers must pay the $100,000 via Pay.gov before filing and include proof or face denial, with only extraordinarily rare national‑interest exceptions available through advance DHS approval.
  • USCIS cautions that international travel during a pending change‑ or extension‑of‑status can convert a case to consular processing and trigger the fee, and certain employer transfers may also do so if status lapses.
  • Health‑care groups, including the AMA, warn the surcharge could worsen staffing shortages at rural and underserved hospitals that rely on international medical graduates.
  • Several large employers have paused new overseas sponsorships or shifted hiring plans (Cognizant, TCS, Intuitive Surgical, Walmart), while DHS proposals to weight H‑1B selection toward higher‑paid roles face criticism over manipulation risks and the U.S. Chamber and others are suing.