The purpose of this notification is to clarify the impact of this fee on the University’s H-1B petitions and to provide necessary context for your departmental discussions.
Key Takeaways for H-1B Petitions
The primary impact is limited to new hires coming from abroad. The following points represent the current confirmed guidance provided by U.S. Citizenship and Immigration Services (USCIS):
- Exemptions (NO Fee Required): The fee does not apply to any petition for an individual who is already inside the U.S. and maintaining legal status. This includes:
- Extensions of Stay (Renewals)
- Amendments
- Change of Employer
- Change of Status (e.g., F-1 to H-1B)
- Fee Applies: The $100,000 supplemental fee applies ONLY to new H-1B petitions filed for a beneficiary who is OUTSIDE THE U.S. and must seek entry through consular processing, port of entry notification, or pre-flight inspection.
- Payment Note: USCIS has created a mechanism to collect the fee from the employer. The fee must be paid prior to filing the H-1B petition and proof of payment must be included with the submission.
Regulatory Context and Uncertainty
The legal status of the fee is still evolving, and the situation remains fluid.
Pending Litigation: There are currently lawsuits filed in federal court challenging the legality of this Proclamation. A judicial decision could alter or halt the enforcement of this fee at any time.
National Interest Waivers (NIW): The criteria for cap-exempt institutions (like UH) to qualify for a National Interest Waiver (NIW) exemption from this fee are still not clearly defined by DHS.
For additional information from the source agency, please consult the USCIS H-1B Specialty Occupations website: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations.
Due to the dynamic legal landscape and the budgetary stakes, please direct all specific departmental inquiries regarding new hires from abroad to FSIS. We will provide the most current guidance on payment requirements and potential exceptions on a case-by-case basis.
CRITICAL: Filing Halt Due to Government Shutdown
Please note that due to the current government shutdown, we are temporarily unable to file any H-1B petitions.
Reasoning: The U.S. Department of Labor (DOL) systems are unavailable, meaning we cannot obtain the legally required Labor Condition Application (LCA). A certified LCA must be included with every H-1B petition submitted to USCIS.
FSIS will issue a separate, immediate notification when the DOL is operational and H-1B filing can resume.