DHS Proposes $103,265 Additional Fee For H-1B Cap-Subject Petitions

Key Takeaways:

• The proposed $103,265 fee would be separate and in addition to all other H-1B fees.
• The proposed fee would apply to all H-1B cap-subject petitions, including regular cap petitions as well as petitions filed under the master’s cap.
• As drafted, the proposal could be read to apply to any cap-subject petition filed after the effective date of a final rule, regardless of the beneficiary’s circumstances, unless otherwise clarified.
• The proposed fee would not apply to cap-exempt petitions, including petitions from cap-exempt employers such as universities, nonprofit or governmental research organizations and/or entities affiliated with higher education or research.
• It is unclear, as the proposal does not expressly address, whether the fee would apply to H-1B extensions, amendments, change-of-employer petitions or other petitions filed for individuals who were previously counted against the cap.