DHS Proposes $103,265 Fee for Certain H-1B Petitions
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The Department of Homeland Security (DHS) has proposed a new $103,265 fee for certain cap-subject H-1B petitions, including petitions filed under the U.S. advanced-degree exemption.
Who would pay it
The proposed fee would be paid in addition to other applicable H-1B filing fees. It would primarily affect employers seeking new H-1B numbers under the annual cap. Qualifying cap-exempt petitions would not be subject to this particular fee.
Where the proposal stands
The $103,265 fee remains a proposed rule and has not become final.
Criticism of the proposal
AILA has criticized the proposal, arguing that such a substantial additional cost could significantly affect employers’ ability to use the H-1B program.
This proposed fee is separate from the $100,000 payment requirement continued by presidential proclamation. Employers should track both.
Source: Federal Register