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4d ago

USCIS Narrows Scope of $100,000 H‑1B Fee to New Overseas Petitions

The agency limited the six‑figure charge to first‑time filings for workers outside the United States, easing pressure on current visa holders and students changing status inside the country.

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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.
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Overview

  • New guidance issued Oct. 20–21 confirms the fee applies only to petitions filed on or after Sept. 21 for beneficiaries abroad or cases requesting consular processing.
  • Petitions for amendments, changes of status, or extensions for people already in the U.S.—including F‑1 students and L‑1 transferees moving to H‑1B—are exempt, as are previously issued visas and filings made before Sept. 21.
  • Employers, not workers, must pay the $100,000 through pay.gov before filing, and USCIS will reject petitions lacking proof of payment or an approved exemption.
  • Current H‑1B holders can continue international travel, though the fee can be imposed if USCIS later finds a change‑of‑status or extension request ineligible.
  • Legal challenges are underway, including a U.S. Chamber of Commerce suit after earlier coalition filings, while employers warn of hiring disruptions—especially for startups and AI roles—with Indians making up about 70% of recent approvals.