Starting today, a hefty new $100,000 fee is now mandated for certain H-1B visa petitions, as per a proclamation by former President Trump. This substantial charge specifically targets applications for foreign professionals looking to enter the U.S. under the H-1B program.
The U.S. Citizenship and Immigration Services (USCIS) has released comprehensive guidelines regarding this rule. It applies to all petitions submitted from 12:01 a.m. Eastern Daylight Time today onwards. The core objective of this fee is to overhaul the H-1B visa system and limit the entry of specific foreign nationals. USCIS has outlined clear instructions on who is required to pay this fee and which situations might qualify for an exemption.
Who Needs to Pay the $100,000 Fee?
USCIS confirms that this $100,000 fee is exclusively for new H-1B visa petitions. It specifically applies to individuals who are currently outside the U.S. and do not possess a valid H-1B visa. Any petition submitted on or after the effective date must be accompanied by proof of payment, submitted via pay.gov, or documented evidence of an approved exception. Applications lacking this crucial information will face denial.
The rule also extends to cases involving consular or port-of-entry notifications, as well as pre-flight inspections for foreign nationals already present in the U.S. Importantly, this fee does not impact petitions for amendments, changes of status, or extensions for those already residing within the country with a legitimate H-1B visa.
Dan Berger of the immigration law firm Green & Spiegel clarified, “The fee explicitly targets cases filed for individuals outside the United States seeking initial entry. Employers were understandably anxious about processing changes of status, fearing the $100,000 fee might apply if their employees traveled internationally.”
Furthermore, USCIS confirmed that individuals who already have an approved H-1B petition or a current visa can travel without incurring this new fee, provided their initial petitions were submitted prior to today’s effective date.
Exemptions and the Payment Process
Employers are required to submit the $100,000 fee through pay.gov, using a specific form designated as “H-1B VISA PAYMENT TO REMOVE RESTRICTION.” It’s crucial to understand that exemptions to this fee are exceedingly rare and are only granted under truly extraordinary circumstances.
USCIS guidelines indicate that exceptions may be considered by the Secretary of Homeland Security if the foreign worker’s presence in the U.S. is determined to be in the national interest, if no qualified American worker is available for the role, if the individual poses no security threat, and if enforcing the fee would cause significant detriment to U.S. interests. Employers seeking such an exemption must submit compelling evidence directly to H1BExceptions@hq.dhs.gov.
Legal Battles and Employer Apprehension
Predictably, this proclamation has already triggered immediate legal challenges. The U.S. Chamber of Commerce, among other plaintiffs, has initiated a lawsuit to contest the legality of the fee. Many businesses are concerned that such a substantial cost could discourage the hiring of essential skilled foreign workers, potentially hindering innovation and economic growth within the United States.
The H-1B visa is a vital pathway for foreign nationals, especially graduates from U.S. universities, to secure long-term employment in the country. Annually, 65,000 visas are allocated under the general cap, with an additional 20,000 reserved specifically for those with advanced degrees.
While the recent USCIS guidance offers some clarity on the rule’s application, immigration specialists caution that it will undoubtedly add complexity to recruitment processes and fuel uncertainty among U.S. employers who depend on a global talent pool.