U.S. Department of Homeland Security proposes $103,265 H-1B visa fee

The U.S. Department of Homeland Security has proposed a new rule requiring a fee of $103,265 for most H-1B visa filings. This proposal applies to all H-1B visas subject to numerical caps, including those for foreign workers already present in the United States on other visas, such as students. This new fee is distinct from a previously announced $100,000 fee that was enjoined by a federal court; under the new rule, employers subject to the original fee may be required to pay both.

Stakeholders have until September 24 to submit public comments regarding the proposal. While some critics have labeled the move catastrophic, proponents suggest the fee would discourage the use of the program for importing low-cost white-collar labor and instead focus it on highly exceptional talent.