New $103,265 H-1B Filing Fee Proposed
DHS is making another attempt to impose a roughly $100,000 H-1B fee.
This is different from the previous $100,000 fee that was blocked in court. This time, DHS is going through the formal rule-making process and proposing a $103,265 filing fee for cap-subject H-1B petitions.
This is only a proposed rule. Nothing changes today.
It would apply only to new cap-subject H-1B petitions, including both the regular cap and the U.S. master's cap. The main impact would be on next year's H-1B cap season.
Extensions, transfers, amendments, concurrent H-1Bs, and cap-exempt H-1Bs would not be subject to this fee.
The $103,265 fee would be on top of the existing H-1B filing fees, not a replacement for them.
The proposed rule is scheduled for publication on August 25, followed by a 30-day public comment period. DHS would then need to review the comments and issue a final rule before the fee could take effect.
DHS appears to be moving quickly, so a final rule could potentially come later this year and be in place before the next H-1B cap season.
Litigation is also very likely. The rule may eventually be struck down, but litigation takes time. Employers and H-1B applicants could still feel the impact in the meantime.