Overview
- USCIS guidance issued this week confirms the surcharge applies to new H-1B petitions for beneficiaries outside the United States without a valid H-1B visa, while many change-of-status and extension filings inside the country are exempt.
- U.S. employers sponsoring F-1 students already in the United States to shift to H-1B status do not owe the $100,000 charge, and petitions to extend stay for current H-1B holders are also exempt.
- Exemptions are conditional: if USCIS finds a change-of-status, amendment, or extension request ineligible, the proclamation applies and the $100,000 payment must be made.
- Consular processing and cases tied to port-of-entry or pre-flight inspection still trigger the fee, exposing overseas hires and travelers who depart for visa stamping to the new cost.
- Seven members of Congress have urged President Trump to withdraw the surcharge, two lawsuits seek to block it, and Indians—about 70% of H-1B recipients—remain the most affected group.