The American Society for Gastrointestinal Endoscopy (ASGE) alerted members on 30 October 2025 to new USCIS guidance about President Trump’s 19 September proclamation that imposes a $100,000 "labor-market protection fee" on each new H-1B petition filed for a worker outside the United States. The FAQ confirms the fee does not apply to amendments or extensions for existing H-1B holders but does cover consular notification cases.
The guidance also addresses the health-care sector’s plea for relief, stating that exemptions may be granted only in "extraordinarily rare" circumstances determined by the Secretary of Homeland Security in consultation with the Secretary of Labor. Contrary to lobbying requests from hospitals, there is no categorical carve-out for physicians, including residents and fellows, though individual waiver requests may be considered.
Large multinational employers must therefore budget an additional $100,000 per cap-exempt H-1B filing for overseas hires or explore alternatives such as L-1 intracompany transfers, TN (for Canadian and Mexican professionals) or O-1 "extraordinary ability" petitions, which remain unaffected. Universities and nonprofit research institutions, traditionally exempt from regular H-1B filing fees, are likewise subject to the new charge if the beneficiary is abroad.
Immigration economists warn the fee could deter companies from recruiting offshore talent, especially in disciplines such as AI, semiconductor design and advanced manufacturing that the administration has labeled "critical" but also "at risk of displacement of U.S. workers." Several tech coalitions are weighing litigation on grounds that the proclamation exceeds fee-setting authority granted by Congress.
For now, employers must include proof of electronic payment of the $100,000 fee – separate from the regular filing + fraud prevention fees – when submitting petitions to USCIS’ Texas Service Center. Petitions lacking confirmation will be summarily rejected, according to the agency bulletin.
The guidance also addresses the health-care sector’s plea for relief, stating that exemptions may be granted only in "extraordinarily rare" circumstances determined by the Secretary of Homeland Security in consultation with the Secretary of Labor. Contrary to lobbying requests from hospitals, there is no categorical carve-out for physicians, including residents and fellows, though individual waiver requests may be considered.
Large multinational employers must therefore budget an additional $100,000 per cap-exempt H-1B filing for overseas hires or explore alternatives such as L-1 intracompany transfers, TN (for Canadian and Mexican professionals) or O-1 "extraordinary ability" petitions, which remain unaffected. Universities and nonprofit research institutions, traditionally exempt from regular H-1B filing fees, are likewise subject to the new charge if the beneficiary is abroad.
Immigration economists warn the fee could deter companies from recruiting offshore talent, especially in disciplines such as AI, semiconductor design and advanced manufacturing that the administration has labeled "critical" but also "at risk of displacement of U.S. workers." Several tech coalitions are weighing litigation on grounds that the proclamation exceeds fee-setting authority granted by Congress.
For now, employers must include proof of electronic payment of the $100,000 fee – separate from the regular filing + fraud prevention fees – when submitting petitions to USCIS’ Texas Service Center. Petitions lacking confirmation will be summarily rejected, according to the agency bulletin.
Quelle: ASGE – The Advocate
