Employers are facing the prospect of a $100,000 payment for H-1B petitions, and while efforts to halt the fee through litigation are underway, prospects are uncertain at best. This prospective fee has forced many employers to rethink headcount plans, quarterly budgets, campus recruiting timelines, vendor statement(s) of work, , and October onboarding targets. Per guidance shared by U.S. Citizenship and Immigration Services (USCIS) in October, the $100,000 payment generally applies to new H-1B petitions filed for beneficiaries outside the United States, and it generally does not apply to petitions seeking an amendment, change of status, or extension of stay for individuals already in the U.S. in valid status.

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