DHS proposes new filing fee for certain H-1B visas

The Department of Homeland Security today released a proposed rule to establish a new $103,265 filing fee for H-1B visa petitions that are subject to statutory numerical caps, including those eligible for the advanced degree exemption. The proposed fee is separate from last year’s $100,000 fee for all new H-1B visas established by a presidential proclamation. The implementation of the presidential proclamation was blocked by a federal court in July and the federal government’s appeal remains pending. Cap-exempt visa applications would not be subject to the new $103,265 fee, DHS said. The department is accepting comments on the proposal until Sept. 24. AHA members will receive a Regulatory Advisory with additional information.