The US Department of Homeland Security has proposed an additional fee of 103,265 US dollars for H-1B petitions subject to the annual cap, including applications eligible for the advanced degree exemption. The proposed charge would come on top of existing H-1B filing and statutory fees.
The proposal would apply to cap-subject petitions, while H-1B petitions that are exempt from the annual cap would not be covered. The annual H-1B quota currently includes 65,000 visas under the regular cap and another 20,000 slots for foreign workers with qualifying US master’s degrees or higher.
The Department of Homeland Security said the proposed fee is intended to help cover the costs of administering the US immigration system and related federal programmes. If implemented, the measure could affect tens of thousands of H-1B petitions each year.
The proposed six-figure fee has raised concerns among employers and immigration stakeholders because of the significant additional cost it could create for companies seeking to hire skilled foreign professionals. Indian technology professionals and companies are likely to be closely affected because Indians account for a large share of H-1B beneficiaries.
The fee has not yet taken effect. The proposal is currently open for public comments, after which the Department of Homeland Security will review the feedback before deciding whether to introduce the measure as a final rule.
