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3h ago

DHS Proposes $103,265 Fee for Cap‑Subject H‑1B Visa Petitions

If finalized it would shift immigration costs onto employers and raise roughly $8.8 billion a year.

U.S. flag, mock passport, 100 dollar banknote and H-1B visa application form are seen in this illustration taken September 26, 2025. REUTERS/Dado Ruvic/Illustration
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Overview

  • The Department of Homeland Security posted a proposed rule on Monday that would add a $103,265 filing charge to every H‑1B petition subject to the annual 85,000 cap and opened a 30‑day public comment period.
  • DHS frames the charge as a cost‑recovery measure to pay for visa adjudication, vetting, consular processing, immigration courts and related work by multiple agencies.
  • The proposal broadens scope from last year’s proclamation by applying to cap‑subject petitions regardless of where the beneficiary is located and would not cover cap‑exempt employers such as many universities and nonprofit research bodies.
  • The increase dwarfs existing H‑1B filing costs of roughly $2,000–$5,000 and DHS says the rule would hit many small employers; the department estimates the fee could generate about $8.8 billion a year from roughly 85,000 petitions.
  • Legal fights are likely since a federal judge vacated the administration’s earlier $100,000 proclamation fee in June as an unlawful tax and business groups, states and unions are expected to challenge the new rule if it is finalized by year‑end.