Washington: The US Department of Homeland Security (DHS) has proposed a $103,265 fee for all cap-subject H-1B visa petitions, including applicants eligible for the advanced-degree exemption.
The proposal comes about a month after a federal appeals court declined to halt a district judge’s decision blocking the Trump administration’s earlier plan to impose a $100,000 fee on H-1B visa petitions.
According to a notice published in the Federal Register, DHS is proposing the $103,265 amount as a separate additional fee, rather than incorporating it into the existing H-1B petition fee.
Who would be affected?
The proposed fee would apply to H-1B cap-subject petitions, including petitions for applicants eligible for the advanced-degree or “master’s cap” exemption.
However, it would not apply to cap-exempt H-1B filings, according to the proposal.
DHS said the standalone fee would specifically cover inter-agency costs associated with the rule and would make it easier to track, allocate and report the revenue generated through the charge.
H-1B annual limits
US law currently provides for an annual regular H-1B cap of 65,000 visas. An additional 20,000 visas are available for workers holding a master’s degree or higher from a US institution under the advanced-degree exemption.
The proposal could significantly increase the cost of hiring foreign skilled workers through the H-1B programme if ultimately implemented.
