Artem Voloskovets
The proposed fee would apply to all cap-subject H-1B petitions, including petitions for workers with U.S. master’s degrees.
DHS said the charge would provide a dedicated revenue mechanism to recover part of the federal government’s costs of administering the legal immigration system.
Previous $100,000 Fee Was Overturned
The proposal follows a court ruling that overturned President Donald Trump’s earlier $100,000 H-1B charge.
That fee was introduced through a White House proclamation and applied to certain workers hired from outside the United States. It did not apply to students and some other applicants who obtained H-1B status while already in the country.
The new DHS proposal would therefore cover a broader group of cap-subject petitions.
Cost for Employers
At the proposed $103,265 rate, the fee alone would amount to:
| H-1B petitions | Cost |
| 1 | $103,265 |
| 10 | $1.03 million |
| 50 | $5.16 million |
| 100 | $10.33 million |
| 1,000 | $103.27 million |
These amounts exclude salaries, legal expenses and other immigration-related costs.
OPT Could Face a Similar Charge
DHS is also reportedly considering a $100,000 charge for participation in Optional Practical Training (OPT), which allows eligible foreign students on F-1 visas to work in the United States after graduation.
The H-1B proposal has not yet become a final fee. It is proceeding through the federal regulatory process following the court rejection of the administration’s previous $100,000 charge.
Artem Voloskovets
