US proposes $103,265 H-1B fee: Hiring set to become more costly

The United States government has proposed a substantial $103,265 fee for cap-subject H-1B petitions, potentially making it increasingly expensive for companies to hire foreign workers. This proposal, which will soon be open for public comment, would create a separate fee regime for cap-subject H-1B applications under the Department of Homeland Security (DHS).

The fee, which is in addition to existing H-1B filing and statutory fees, would apply to 85,000 annual visas, including those for advanced degree holders and cap-exempt workers in higher education. However, it would not apply to petitions that already count against the annual cap or to H-1B workers who are changing jobs or extending their stay.

The proposed fee has raised concerns among immigration attorneys and employers, with some arguing that it could deter hiring and harm the economy. If implemented, the fee could generate around $8.78 billion annually, which DHS contends will be justified by the continued demand for H-1B workers.