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7h ago

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

Employers must pay via pay.gov and include proof with filings.

Image
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)
US employers sponsoring new foreign workers from abroad under the H-1B programme must pay the $100,000 fee.

Overview

  • The charge applies only to new H‑1B petitions filed on or after September 21 for beneficiaries outside the United States who lack a valid H‑1B visa.
  • Petitions seeking a change of status, extension, or amendment for individuals inside the United States are exempt, and current H‑1B holders may continue international travel.
  • Requests for consular notification, port‑of‑entry notification, or pre‑flight inspection trigger the fee even if the petition is initiated from within the United States.
  • Employers, not workers, must pay the $100,000 at the time of petition submission through the federal portal pay.gov, and petitions without proof of payment or exemption will be rejected.
  • Homeland Security may grant waivers only in extraordinarily rare, national‑interest cases, while lawsuits led by the U.S. Chamber of Commerce challenge the policy as companies reassess hiring and consider outsourcing.