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5h ago

USCIS Narrows Trump’s $100,000 H‑1B Fee to First‑Time Overseas Petitions

The clarification eases immediate status and travel worries for onshore workers.

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Customers exit a Walmart in Miami, Florida, on January 24, 2023. Walmart currently employs more than 2,000 H-1B visa holders, according to government data.
The pandemic proved innovation no longer needs a US address. India’s digital economy has reached critical mass. (Shutterstock)
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)

Overview

  • The agency said the surcharge applies only to new H‑1B petitions filed for beneficiaries outside the United States who lack a valid H‑1B visa, including cases requesting consular or pre‑flight processing.
  • Petitions for amendments, changes of status, or extensions for individuals inside the country are exempt, and current H‑1B holders may continue to travel without the new payment.
  • Employers, not workers, must pay the charge through the federal pay.gov portal and include proof of payment or exemption or risk rejection of the filing.
  • USCIS noted the Homeland Security Secretary may grant waivers only in “extraordinarily rare” national‑interest or no‑qualified‑American‑worker circumstances.
  • Legal challenges from business groups, including a U.S. Chamber of Commerce lawsuit, are pending as companies reassess hiring plans and consider more offshore or remote roles, with India especially exposed given its large share of H‑1B beneficiaries.