In a startling escalation of costs for employers that rely on highly-skilled foreign talent, U.S. Citizenship and Immigration Services (USCIS) began sending Requests for Evidence (RFEs) on 10 November that demand proof a new US$100,000 “security fee” has been paid for many H-1B petitions. The fee was created by President Trump’s 19 September Proclamation suspending entry of H-1B workers unless an additional payment accompanies the petition, ostensibly to deter fraud and fund domestic workforce training.
Immigration attorneys report that the first batch of RFEs hit inboxes overnight, catching companies off-guard because USCIS has not yet published formal filing instructions or a payment mechanism. Some RFEs were issued even on petitions filed before the Proclamation took effect, creating confusion over retroactive application. Employers have 90 days to respond; failure to do so will trigger denial. Large Indian-headquartered IT consultancies—already the heaviest H-1B users—say the fee would add millions to compliance costs and may force them to relocate projects offshore or accelerate near-shoring to Canada and Mexico.
![USCIS Starts Issuing RFEs Seeking New US$100,000 “H-1B Security Fee”]()
The sudden shift also rattles start-ups and research institutions that depend on specialty-occupation visas but lack deep pockets. “A six-figure surcharge per worker is existential for small biotechs,” said Boston-based immigration counsel Priya Desai. Trade groups including the U.S. Chamber of Commerce are preparing litigation, arguing that Congress, not the Executive Branch, sets visa fees under the Immigration and Nationality Act. They also warn the move undermines America’s competitiveness just as peer economies—such as the U.K. with its new ‘High Potential Individual’ visa—are courting global talent.
Practically, companies with FY-2026 H-1B cap approvals must now budget for the additional payment before December premium-processing windows open. HR teams are scrambling to update offer letters and relocation packages. Foreign nationals in F-1 Optional Practical Training may have to leave the United States if employers abandon their petitions, raising retention risks.
Multinational businesses should: 1) audit pending H-1B cases for potential RFEs; 2) earmark funds and initiate wire-transfer protocols as soon as USCIS publishes an account number; 3) consider alternative classifications such as L-1, O-1 or TN where eligible; and 4) brief executives on contingency plans for work-site continuity if petitions are denied. Until a court blocks the fee or Congress intervenes, companies should assume that every new H-1B filing now carries a seven-digit price tag.
Immigration attorneys report that the first batch of RFEs hit inboxes overnight, catching companies off-guard because USCIS has not yet published formal filing instructions or a payment mechanism. Some RFEs were issued even on petitions filed before the Proclamation took effect, creating confusion over retroactive application. Employers have 90 days to respond; failure to do so will trigger denial. Large Indian-headquartered IT consultancies—already the heaviest H-1B users—say the fee would add millions to compliance costs and may force them to relocate projects offshore or accelerate near-shoring to Canada and Mexico.
The sudden shift also rattles start-ups and research institutions that depend on specialty-occupation visas but lack deep pockets. “A six-figure surcharge per worker is existential for small biotechs,” said Boston-based immigration counsel Priya Desai. Trade groups including the U.S. Chamber of Commerce are preparing litigation, arguing that Congress, not the Executive Branch, sets visa fees under the Immigration and Nationality Act. They also warn the move undermines America’s competitiveness just as peer economies—such as the U.K. with its new ‘High Potential Individual’ visa—are courting global talent.
Practically, companies with FY-2026 H-1B cap approvals must now budget for the additional payment before December premium-processing windows open. HR teams are scrambling to update offer letters and relocation packages. Foreign nationals in F-1 Optional Practical Training may have to leave the United States if employers abandon their petitions, raising retention risks.
Multinational businesses should: 1) audit pending H-1B cases for potential RFEs; 2) earmark funds and initiate wire-transfer protocols as soon as USCIS publishes an account number; 3) consider alternative classifications such as L-1, O-1 or TN where eligible; and 4) brief executives on contingency plans for work-site continuity if petitions are denied. Until a court blocks the fee or Congress intervenes, companies should assume that every new H-1B filing now carries a seven-digit price tag.
