DHS Proposes $103,265 H-1B Cap Filing Fee

The proposed rule, published in the Federal Register, would require employers to pay the fee when filing a cap-subject H-1B petition, including those for the advanced degree exemption. The fee would be in addition to the standard filing fees, which currently range from $460 to $1,500 for most petitioners.

DHS estimates the fee would generate $8.8 billion annually, based on a projected 85,000 cap-subject petitions each year. The revenue would cover costs across federal agencies, including USCIS adjudication, immigration court operations, and consular visa processing.

The rule exempts petitions filed by institutions of higher education, nonprofit research organizations, and governmental research organizations. It also does not apply to H-1B petitions that are not subject to the cap, such as those for existing employees changing employers.

The proposal is open for public comment for 30 days. Legal experts anticipate challenges from business groups and universities, who may argue the fee exceeds DHS's statutory authority or is arbitrary and capricious. If finalized, the rule could take effect as early as next year, but litigation may delay implementation.