Overview
- USCIS guidance says the surcharge applies to new H-1B petitions filed on or after Sept. 21 for beneficiaries outside the U.S. without a valid H-1B or for cases requesting consular, port-of-entry, or pre‑flight processing, and employers must prepay on pay.gov and include proof with filings.
- Petitions for amendments, extensions, and changes of status for individuals already in the U.S. are exempt if granted, and USCIS clarified that later travel to obtain a visa based on those approvals does not trigger the fee.
- Cases that end up approved for consular processing—such as after international travel during a pending status request, a status denial, or a change‑of‑employer approved for consular notification—can incur the charge.
- The Treasury portal for surcharge payments is active and DHS outlined an exceptionally rare national‑interest exemption process via H1BExceptions@hq.dhs.gov, with key evidentiary standards and timelines still undefined.
- Lawsuits from the U.S. Chamber of Commerce and other plaintiffs challenge the policy’s legality, several major employers including Cognizant, TCS, Intuitive Surgical and Walmart have paused new sponsorships, rural hospitals and medical groups warn of staffing strain, and a DHS proposal to weight H-1B selection toward higher pay has drawn manipulation concerns.