Today's coverage centers on one major development: a new six-figure fee proposal for H-1B visas that could reshape who can sponsor — or be hired on — an H-1B.
A $103K fee on H-1B petitions, round two
The Department of Homeland Security (DHS) has published a proposed rule that would charge employers $103,265 per new cap-subject H-1B petition. The move comes months after a federal judge struck down an earlier $100,000 fee as an unlawful tax. The American Immigration Lawyers Association (AILA) is calling the new proposal unprecedented and legally dubious. Immigration lawyers warn it would effectively price out small businesses, schools, and hospitals from sponsoring H-1B workers.
DHS frames the new fee as a formal proposed rule — with a carve-out for universities and hospitals
A second report adds an important detail: the new proposal explicitly exempts universities and hospitals from the $103,265 fee, distinguishing it somewhat from the earlier attempt. The Hill reported that DHS published the fee as a formal proposed rule, meaning it is still open to public comment before it could take effect. If finalized as written, the fee would apply to cap-subject H-1B petitions — primarily those filed by for-profit employers going through the annual lottery.
What to watch
The rule is in the proposed stage, which means a public comment period is expected. Watch for the comment deadline, which will be announced in the Federal Register, if you or your employer wants to weigh in before any fee is finalized.