Archive · 25 Aug 2026
Proposed $103,265 H-1B Fee Could Squeeze Small Employers
The US government wants to charge employers $103,265 for certain new H-1B visa applications.
H-1B visas allow companies to hire some foreign workers for jobs in the United States.
Immigration lawyers say the price would be especially difficult for small businesses to pay.
They worry that only large companies would continue sponsoring these workers.
The government did not propose exempting small employers.
It said exemptions could encourage companies to change their filing behavior and reduce government revenue.
A previous $100,000 H-1B payment was rejected by a court, but the government is appealing that decision.
If that payment returns, one employer might have to pay both fees.
The proposal is accepting public comments for 30 days and does not yet have an implementation date.
The US Department of Homeland Security has proposed a $103,265 fee for H-1B cap-subject petitions.
The fee would apply to petitions filed after the rule takes effect, if the proposal is finalized.
Immigration attorneys warn the cost could make sponsorship unaffordable for many small businesses.
The proposal would cover the annual 85,000 cap-subject petitions but exclude cap-exempt institutions.
Employers could potentially face more than $203,000 in government fees if the earlier payment is reinstated.
- Who
- The US Department of Homeland Security, employers, immigration attorneys and consultants, and H-1B applicants are involved.
- What
- DHS has proposed a $103,265 fee for H-1B cap-subject petitions.
- When
- The proposal was published on Tuesday and is open for a 30-day public comment period; no implementation date has been set.
- Where
- The proposal concerns H-1B petitions in the United States; its potential impact was discussed by immigration professionals in Hyderabad.
- Why
- DHS cited concerns about incentives and revenue losses in declining to exempt small employers, while critics say the fee could restrict access to H-1B sponsorship.
Critics and employers
DHS rationale
Impact on small businesses
Critics and employers
Immigration attorneys and analysts say the fee would create severe financial pressure and make sponsorship increasingly difficult for small employers.
DHS rationale
DHS declined to exempt small employers, according to the analysis cited by immigration attorneys.
Small-employer exemption
Critics and employers
Critics argue that failing to exempt small businesses would concentrate H-1B sponsorship among large corporations.
DHS rationale
DHS said exemptions could create perverse incentives and lead to revenue shortfalls.
Combined payments
Critics and employers
An immigration attorney warned that employers could face more than $203,000 in government fees if the earlier $100,000 payment is reinstated.
DHS rationale
DHS acknowledged in the proposal that both payments could potentially be required if the government wins its appeal.
- Proposed fee
- $103,265 per H-1B cap-subject petition
- Covered petitions
- Annual H-1B cap-subject petitions
- Annual cap
- 85,000 petitions
- Exemptions
- Cap-exempt petitions filed by universities, nonprofit research organizations, or government research institutions would not be covered.
- Previous payment
- A separate $100,000 H-1B payment was struck down by a Massachusetts federal court in June.
- Potential combined cost
- More than $203,000 in government fees if the earlier payment is reinstated and both charges apply.
- Public input
- The proposal has a 30-day public comment period.