DHS proposes new $103,265 fee for H-1B work-authorization requests tied to annual cap

The Department of Homeland Security issued a proposed rule that would require a $103,265 fee for all workers seeking to gain employment in the United States under the H-1B program that is subject to the annual statutory cap, according to the notice described by The Hill on Monday.

Under the proposal, the fee would apply to individuals seeking H-1B employment authorization during the annual cap process, meaning it would be tied to the subset of H-1B applicants covered by the statutory numerical limit rather than the entire universe of employment-based immigration categories, DHS said in the notice, as reported. The filing would be part of the federal rulemaking process and would be subject to public comment before any final fee could be implemented.

The fee proposal is framed as a cost-recovery measure. DHS’s notice of proposed rulemaking, as described by The Hill, says the fee would be used for the federal government’s costs in administering the H-1B process. The notice provides the rationale that the government would seek to recoup administrative expenses associated with the program tied to the statutory cap and employment authorization requests.

The proposed change would affect employers and workers engaging in H-1B hiring, since the cost of the fee can influence the total expenses of a petition or related filing process. Because the proposal is specifically connected to H-1B requests “subject to the annual statutory cap,” it would primarily affect cap-counted hiring for roles that require the H-1B employment authorization pathway, a category frequently used by employers in technology and other specialized occupations.

The rulemaking also raises questions about how fees are set and reviewed under federal immigration authority, including the administrative process for public comment and the standards for final agency action after consideration of feedback. The proposed rule status means the fee amount and scope are not yet final, and DHS would still need to publish any final rule after completing the required regulatory steps.

Opponents of increased immigration fees have, in other contexts, argued that higher charges shift costs onto employers and prospective workers, while supporters of user-fee models argue that program administrators should be able to cover operational expenses through assessments tied to use of a particular immigration pathway. Any reaction to the DHS proposal will likely turn on how the final rule defines coverage, explains cost accounting, and determines whether the fee can be justified for the H-1B cap program under applicable statutory and administrative-law standards.