The United States Department of Homeland Security (DHS) is considering a significant increase in the cost of obtaining an H-1B visa, proposing an additional fee of $103,265 for cap-subject applications. This move, which includes petitions filed under the US master's degree exemption, is currently open for public comment for 30 days before a final rule is decided.
New Fee Targets Cap-Subject H-1B Petitions
The proposed charge would apply specifically to H-1B visas subject to the annual cap, which includes the 65,000 regular quota visas and the additional 20,000 visas reserved for applicants with US master's degrees or higher. Notably, applications exempt from the cap, such as those from certain universities, non-profit research institutions, and government research organizations, would not incur this new cost.
This latest proposal follows a previous attempt to implement a $100,000 H-1B fee, which faced legal challenges and was ultimately blocked by a lower court order.
DHS Justifies Fee to Cover Government Expenses
According to the DHS, the hefty fee is designed to recover expenses associated with processing H-1B applications, including adjudication, security checks, and other immigration-related activities across federal agencies. The department estimates that this charge could generate approximately $8.8 billion annually, based on an assumption of 85,000 cap-subject H-1B petitions filed each year.
US Citizenship and Immigration Services spokesperson Zach Kahler stated, "The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programmes that otherwise must be funded by taxpayers."
Significant Impact on Indian Professionals
The H-1B visa program remains a crucial pathway for skilled foreign workers, particularly in the technology, engineering, and healthcare sectors. Indian professionals constitute a substantial portion of H-1B beneficiaries, with numerous major technology companies relying on the program to recruit specialized talent from India and other nations. Any significant increase in visa-related costs is expected to affect both employers sponsoring workers and individuals planning their careers in the US.
Immigration Experts Raise Concerns
The proposal has drawn criticism from immigration experts. Emily Neumann, a US immigration attorney, remarked, "Same number. New wrapper. Same playbook. Throw enough things at the wall to restrict legal immigration and eventually something might stick (this won't)." Todd Schulte, president of FWD.us, also expressed concerns that such measures could hinder the US's ability to attract and retain skilled workers in a globally competitive environment.
The public consultation period is a critical phase, allowing stakeholders to provide feedback before the DHS makes a final decision on implementing this additional H-1B fee.