The Trump administration H-1B visa fee search is rising after the Department of Homeland Security proposed a new $103,265 charge for certain cap-subject H-1B petitions.
Reuters reported that the proposal is designed to codify a fee exceeding $100,000 for new H-1B visas for highly skilled foreign workers. The proposal follows a separate fee imposed through a presidential proclamation that was blocked by the courts, making the new rulemaking a fresh legal and administrative path.
The American Hospital Association said the proposed fee would apply to H-1B petitions subject to statutory numerical caps, including cases eligible for the advanced-degree exemption. Cap-exempt applications would not be subject to the new charge, according to the association’s summary of the DHS proposal.
The proposal would not take effect merely because it has been announced. DHS is accepting public comments until September 24, and the rule must proceed through the federal regulatory process. The proposal also sits alongside ongoing litigation over the earlier $100,000 fee.
The issue matters to employers in technology, education, research and health care because H-1B visas are commonly used to hire specialized workers. Reuters noted that the administration is also pursuing enhanced vetting and a selection system that would favor higher-paid and higher-skilled applicants. Until the rule is finalized and surviving legal challenges are resolved, employers should treat the $103,265 figure as a proposed fee, not a current payment requirement.
