ETR Staff Report
WASHINGTON— The Department of Homeland Security (DHS) is proposing to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. The proposed fee would be paid at the time of filing and would be imposed in addition to all other applicable fees or payments.
The proposed fee would generate revenue to recover a portion of the federal government’s costs for administering the lawful immigration system. These costs include adjudication of immigration benefits, fraud detection and national security vetting, systems modernization, records and fee collection operations, immigration court operations, consular visa processing, labor standards enforcement, and interagency coordination. DHS estimates the proposed fee would generate approximately $8.8 billion annually, based on a projected annual volume of 85,000 H-1B cap-subject petitions.
“The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler.
Under the proposed rule, the additional fee would not apply to H-1B petitions that are not subject to the cap, such as petitions filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education. The number of cap-subject H-1B visas (or grants of status) issued annually is limited to 65,000, with an additional 20,000 for aliens who have earned a master’s or higher degree from a U.S. institution of higher education.
Employers pay government fees for H-1B petitions because federal law requires them to cover application processing costs, prevent fraud, and support programs that benefit the U.S. workforce.
Breakdown of Government Fees
Registration Fee: $215 per applicant to enter the electronic H-1B lottery.
Basic Filing Fee: $780 for Form I-129, covering standard administrative processing.
Asylum Program Fee: $600 for larger employers or $300 for small businesses, helping fund U.S. asylum operations.
Fraud Prevention Fee: $500 to support government efforts to detect and prevent visa fraud.
ACWIA Fee: $1,500 for larger employers or $750 for small employers, supporting scholarships and training for U.S. workers.