US Proposes Over ₹98 Lakhs Additional Fee On Cap-Subject H-1B Visa Applications

The United States has proposed a supplementary charge of $103,265 for each H-1B visa application that falls under the cap, also known as the "master's cap." This proposal by the Department of Homeland Security (DHS) would apply to all H-1B cap-subject petitions, encompassing those for individuals with advanced degrees. Currently, the H-1B visa program permits 65,000 visas annually under the standard cap.

The DHS has suggested this new fee, payable at the time of submission, alongside existing fees, during an additional charge. If enacted, this would generate approximately $8.8 billion annually, contingent on an estimated 85,000 cap-subject H-1B petitions per year. The proposed fee is intended to recover interagency costs associated with the processing, vetting, and supporting lawful immigration programs, rather than being merged with the existing H-1B petition fee.

The proposal comes after a federal appeals court dismissed a petition from the Trump administration to temporarily halt the rule imposing a $100,000 fee on H-1B visa applications. US Citizenship and Immigration Services spokesperson Zach Kahler explained that the fee is designed to cover costs incurred by the federal government in managing immigration programs, which typically rely on taxpayer funding.

However, immigration experts have raised concerns about the proposed fee. Emily Neumann, a US-based immigration attorney, stated that the move could potentially impede the United States' capacity to attract and retain skilled professionals from overseas. Todd Schulte, president of FWD.us, emphasized that this proposal might hinder the US's ability to recruit and retain qualified foreign workers.