Murthy Law Firm: $100,000 H‑1B Fee Being Applied More Broadly in Practice Than USCIS Guidance Indicates
Key Takeaways
- USCIS guidance (21 Sep 2025) says the $100,000 fee applies mainly to new H‑1B petitions filed on or after 21 Sep 2025 for beneficiaries outside the U.S. requesting consular notification.
- It has been reported that Murthy Law Firm is seeing RFEs demanding the fee in nearly all consular‑processing cases, including many with apparent exemptions.
- Fee removal exceptions include petitions filed before 21 Sep 2025 and approved extensions/amendments/changes of status for individuals in the U.S., according to USCIS.
- Employers and H‑1B workers should expect delays: RFE responses—even under premium processing—are reportedly stalling adjudication and sometimes leading to denials when visa stamps expire.
Background: what the USCIS guidance says
USCIS (U.S. Citizenship and Immigration Services) issued FAQs on 21 Sep 2025 and updated its Specialty Occupation page to implement an executive proclamation dated 19 Sep 2025 that imposes a $100,000 fee on certain H‑1B filings. The agency’s published position ties the fee mainly to “new” H‑1B petitions filed on or after 21 Sep 2025 when the beneficiary is outside the United States, lacks valid H‑1B visa validity, and the petition requests consular notification (visa stamping at a U.S. consulate). USCIS also states the fee can be assessed if it determines a beneficiary is ineligible for a requested change of status (COS), amendment, or extension. Importantly, USCIS advises that petitions filed before 21 Sep 2025 and approved in‑country extensions/amendments/changes of status for people already in the U.S. should not trigger the fee even if the worker subsequently travels overseas to obtain a visa stamp.
Murthy Law Firm’s observations in practice
It has been reported that the Murthy Law Firm’s real‑world experience diverges from the narrow scope set out by USCIS. Murthy attorneys say adjudicators are issuing requests for evidence (RFEs) in almost every case that requests consular processing and routinely demanding payment of the $100,000 fee—even where the beneficiary already holds a valid H‑1B visa stamp or where the filing is an extension, amendment, or change of status rather than a “new” H‑1B petition. Murthy reports that responses arguing the fee does not apply often remain pending for long periods, with premium processing not reliably accelerating resolution. In several instances the matter reportedly remains unresolved until an existing visa stamp expires, after which USCIS has denied the petition.
What this means for employers and H‑1B workers
This apparent gap between published policy and on‑the‑ground adjudications increases uncertainty for employers and beneficiaries planning international travel, visa renewals, or filings that request consular notification. Practically, affected parties should document prior H‑1B validity carefully, consider avoiding consular processing where feasible, and consult immigration counsel before filing to prepare for potential RFEs and delays. For anyone currently navigating an RFE that demands the fee, it is prudent to preserve a clear administrative record citing the USCIS FAQs and to seek legal advice about next steps and timelines. The evolving practice also raises broader questions about consistent application of fee policy and administrative review options for denied filings.
Source: Original Article