DHS Proposes $103,265 Fee to Make H‑1B Surcharge Permanent

Overview

• The Department of Homeland Security has published a proposed regulation that would set a $103,265 fee for most new H‑1B petitions and opened a 30‑day public comment period with the rule eligible for finalization by year‑end.
• The proposed charge would raise the cost of a new H‑1B dramatically from typical application fees of roughly $2,000–$5,000 and would not apply to people already in the United States on student visas or to renewals of existing H‑1B visas.
• Courts are actively litigating the policy after a federal judge in June blocked the earlier $100,000 charge, and appeals and new challenges have been filed by the U.S. Chamber of Commerce, Democratic‑led states and coalitions of unions and employers.
• Court records show about 70 employers paid the temporary six‑figure fee for 85 filings through February, and business groups warn the permanent fee would sharply constrain hiring in technology, education and research and shift costs onto employers.
• The fee proposal is part of a broader Trump administration tightening that includes tougher vetting, selection rules favoring higher‑paid candidates and new fees of up to $4,500 for H‑1B extensions and transfers, and the original proclamation creating the temporary fee expires in September.