Overview
- The Department of Homeland Security posted a proposed rule on Monday that would add a $103,265 charge to every H‑1B petition subject to the annual 85,000 cap and opened a 30‑day Federal Register comment period.
- DHS says the fee is meant to recover immigration administration costs and estimates it could raise about $8.8 billion a year if applied to roughly 85,000 cap‑subject petitions.
- The proposal expands scope from last year’s proclamation by applying to cap‑subject filings made for workers already in the United States, including changes of status from F‑1 Optional Practical Training.
- Legal challenges are expected because a federal judge in Boston vacated the prior $100,000 proclamation on June 8, 2026, and appeals of that ruling remain pending; plaintiffs that sued before may amend suits to target the new regulation.
- If finalized, the charge would sharply raise employer costs from typical filing fees of a few thousand dollars to six figures, which could push small and mid‑sized firms to stop sponsoring H‑1B hires and reshape pathways for international students and tech and medical employers.