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16h ago

US Finalizes $100,000 H‑1B Surcharge for New Overseas Petitions as Pay.gov Goes Live

A new federal payment portal now makes the six‑figure surcharge an operational requirement for overseas H‑1B filings.

H1B temporary work visa page of Indian national, as U.S. Chamber of Commerce sues Trump administration over $100,000 H-1B fee.
An unidentified volunteer from the American Legion Auxiliary, left, holds U.S. flags to pass out during a naturalization ceremony for 25 people at the U.S. District Court for the District of Vermont in Rutland, Vermont November 17, 2015.
Fragment of H1B visa (for specialty workers) stamp in passport, blurred april calendar on background. H1B visa program deadline concept. Close up view.

Overview

  • USCIS says the fee applies to H‑1B petitions filed on or after Sept. 21, 2025 for beneficiaries outside the U.S. without a valid H‑1B visa or for cases approved for consular, port‑of‑entry, or pre‑flight inspection notification.
  • Petitions seeking amendments, extensions, or changes of status for individuals lawfully inside the U.S. are exempt if USCIS grants the request, and previously issued H‑1B visas remain unaffected.
  • Employers must prepay the $100,000 via the U.S. Treasury’s Pay.gov and include proof with the filing, with USCIS stating petitions lacking proof or an approved exemption will be denied.
  • DHS may grant national‑interest exceptions only in extraordinarily rare cases meeting strict criteria, including proof of no available U.S. worker and a showing that payment would significantly undermine U.S. interests.
  • Legal challenges by the U.S. Chamber of Commerce and others are pending without an injunction, as companies such as Cognizant, TCS, Intuitive Surgical, and Walmart adjust sponsorships and healthcare leaders warn of staffing risks in underserved areas.