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8h ago

USCIS Narrows Scope of Trump’s $100,000 H‑1B Fee, Detailing Who Must Pay

The agency says the surcharge applies only to new petitions for beneficiaries outside the United States.

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.
US President Donald Trump shakes hands with Prime Minister Narendra Modi in the Oval Office of the White House in Washington, DC
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Overview

  • Petitions for amendments, changes of status or extensions filed inside the U.S. are generally exempt, and travel on a valid H‑1B remains permitted.
  • Employers must submit the $100,000 via pay.gov and include proof of payment or an approved exception with filings or USCIS will deny the petition.
  • Exceptions are described as extraordinarily rare and require a national‑interest finding by the Secretary of Homeland Security with a high evidentiary threshold.
  • Active litigation continues, including a U.S. Chamber of Commerce suit filed on Oct. 16 and earlier challenges by unions and academic groups.
  • Employers report hiring disruptions and cost concerns, with startups, AI firms and government contractors such as Deloitte in Pennsylvania especially exposed, and Indian nationals disproportionately affected.