Overview
- The Department of Homeland Security posted a proposed regulation setting a $103,265 charge for cap‑subject H‑1B petitions and opened a 30‑day Federal Register comment window.
- Under the proposal the fee would apply to every petition subject to the annual 85,000 H‑1B cap, including cases eligible for the advanced‑degree exemption, while cap‑exempt petitions and routine renewals would be excluded.
- DHS says the measure would recover federal immigration administration costs and estimates the fee could generate about $8.8 billion a year to fund adjudication, vetting, consular processing and related government work.
- Legal challenges are likely because a federal judge in June vacated the administration’s earlier $100,000 proclamation as an unauthorized tax and business groups, states and unions have signaled they will press litigation over the new rule.
- If finalized, the charge would raise typical filing costs from roughly $2,000–$5,000 before 2025 to six figures, a shift that could prompt employers to cut sponsorships and disproportionately affect Indian professionals, who comprised about 71% of approved H‑1B beneficiaries in 2024.