The U.S. Department of Homeland Security (DHS) has proposed a $103,265 fee for H-1B visa petitions. This proposed fee applies to petitions subject to the annual H-1B visa cap. The fee would be paid at the time of filing. It is in addition to all other required payments. The DHS issued the proposal on August 24. The public has 30 days to submit comments. This proposed fee could impact international students. It may affect their plans to work in the U.S. after graduation.
Proposed H-1B Fee Explained
The H-1B program has an annual limit. It allows 65,000 visas each year. An additional 20,000 visas are for those with U.S. master's degrees or higher. The proposed $103,265 fee targets these cap-subject petitions. U.S. Citizenship and Immigration Services spokesperson Zach Kahler stated the fee aims to recover government costs. These costs include processing immigration benefits. They also cover fraud detection, national security checks, and system upgrades. The DHS estimates this fee could generate $8.8 billion annually. This estimate is based on 85,000 cap-subject petitions each year.
Impact on Indian Students
Indian students often use Optional Practical Training (OPT) after graduation. They then seek H-1B visas through employers. The new fee could increase employer costs for sponsoring these graduates. This may make some employers hesitant to sponsor international students. For Indian students, this could create uncertainty in transitioning from education to employment. The proposed fee is a proposal. Its final form will depend on the public comment period and rulemaking process. Students should understand this proposal is separate from other visa changes.
Indian nationals represent a large portion of H-1B beneficiaries. Data from U.S. Citizenship and Immigration Services shows 71% of approved H-1B petitions in 2024 were for Indian nationals. This proposal follows reports of declining applications from Indian students. Visa delays and uncertainty around H-1B policies are cited as reasons.
Who is Exempt from the Proposed Fee?
The proposed $103,265 fee does not apply to all H-1B petitions. It excludes those not subject to the annual cap. This includes petitions filed by certain organizations. These are:
- Nonprofit research organizations.
- Governmental research organizations.
- Institutions of higher education.
Therefore, the fee is not a universal charge for all H-1B visas or holders. Its application depends on whether the petition falls under the annual H-1B cap.
