USCIS proposes $103k H-1B fee and targets wage misclassifications

The U.S. Citizenship and Immigration Services (USCIS) is proposing a significant increase in H-1B visa costs and has recently taken enforcement action against wage misclassifications.

A new Notice of Proposed Rulemaking (NPRM) suggests a fee of $103,265 for all cap-subject H-1B petitions. This fee is intended to recover the costs of the entire legal immigration system, with the Department of Homeland Security stating that 64% of the revenue would be directed to other agencies. Critics argue the fee could suppress H-1B demand by 63–91%, potentially undermining the American economy and hindering the recruitment of top talent.

In a separate enforcement move, USCIS revoked and denied multiple H-1B petitions at a major, unnamed IT consulting firm. The agency identified skilled technology positions that were assigned wage levels lower than what the job duties and requirements necessitated. USCIS stated that such practices create unfair competition for U.S. workers. These actions are particularly impactful for Indian technology professionals, who represent the largest share of H-1B beneficiaries.