Overview
- The surcharge applies to H‑1B petitions filed after 12:01 a.m. EDT on Sept. 21, 2025 for beneficiaries outside the United States without a valid H‑1B visa who seek initial issuance through consular processing.
- Employers must prepay the $100,000 via Pay.gov before filing covered petitions, and USCIS says the amount will be refunded if the petition is denied.
- USCIS says current H‑1B visa holders and approved in‑country changes, extensions, or amendments are not subject to the fee, though the charge can apply if such requests are found ineligible or if the beneficiary departs during processing.
- DHS notes a national‑interest exception exists only in extraordinarily rare cases requiring findings that include no qualified U.S. worker and that payment would undermine U.S. interests, with no detailed evidentiary standards provided; requests are submitted to [email protected].
- Hospitals, universities and tech employers warn of hiring constraints, with a JAMA study reporting 11,080 H‑1B‑sponsored physicians in FY2024 and higher reliance in rural and poor counties, prompting calls to exempt health care roles.