Overview
- DHS posted a draft regulation on Monday, Aug. 24, proposing a $103,265 filing fee for cap‑subject H‑1B petitions and opening a 30‑day public comment window.
- The rule would apply to petitions subject to the 85,000 annual H‑1B cap and generally exempt cap‑exempt employers such as many universities and nonprofits.
- DHS estimates the fee could raise roughly $8.8 billion if the full cap is used and says the charge is meant to reimburse agencies for immigration administration and to reduce employer reliance on H‑1B labor.
- The proposal follows a June ruling by U.S. District Judge Leo T. Sorokin that vacated the administration’s earlier $100,000 proclamation fee and is expected to prompt amended and new legal challenges while separate appeals continue.
- Industry groups warn the six‑figure charge would sharply raise costs from previous filing fees of about $2,000–$5,000, likely pricing small and mid‑size employers out of sponsorship and hitting communities such as Indian professionals who make up a large share of beneficiaries.