In a 22 October client alert, Cozen O’Connor’s Immigration Practice drilled into the operational headaches created by the presidential proclamation imposing a $100,000 charge on certain H-1B petitions. The firm notes that petitions requesting consular notification—often used when beneficiaries finish school and briefly leave the United States—now require proof of payment via Pay.gov at the time of filing or risk rejection.
Attorneys David Adams and Scott Bettridge urge employers to double-check the action box on Form I-129; an inadvertent selection of “consular notification” could trigger six-figure liability. They also recommend building new budget controls, because USCIS will not issue refunds if the petition is later withdrawn. Exception requests may be emailed to DHS only in “extraordinarily rare circumstances,” but the agency has yet to publish a formal process or evidentiary standard.
The alert highlights litigation brewing in multiple district courts that could stay the fee, but warns companies against gambling on an injunction given USCIS’ rejection policy. Multinationals are advised to accelerate amendment filings for employees temporarily abroad before they need new visas.
Cozen’s memorandum underscores a broader shift: immigration compliance is now crossing into Sarbanes-Oxley-style internal-control territory, requiring finance, HR and legal teams to coordinate on payment authorization and audit trails for every international transfer.
Attorneys David Adams and Scott Bettridge urge employers to double-check the action box on Form I-129; an inadvertent selection of “consular notification” could trigger six-figure liability. They also recommend building new budget controls, because USCIS will not issue refunds if the petition is later withdrawn. Exception requests may be emailed to DHS only in “extraordinarily rare circumstances,” but the agency has yet to publish a formal process or evidentiary standard.
The alert highlights litigation brewing in multiple district courts that could stay the fee, but warns companies against gambling on an injunction given USCIS’ rejection policy. Multinationals are advised to accelerate amendment filings for employees temporarily abroad before they need new visas.
Cozen’s memorandum underscores a broader shift: immigration compliance is now crossing into Sarbanes-Oxley-style internal-control territory, requiring finance, HR and legal teams to coordinate on payment authorization and audit trails for every international transfer.
