The Department of Homeland Security has proposed a new fee of $103,265 for all H-1B cap-subject petitions, aiming to recover costs associated with the immigration system.
The Department of Homeland Security (DHS) has announced a proposal to implement a substantial fee of $103,265 for all H-1B cap-subject petitions, which includes those eligible for the advanced degree exemption. This proposal was detailed in a statement released by the U.S. Citizenship and Immigration Services (USCIS) on August 24.
According to the proposed regulations, the fee would be required at the time of filing and would be in addition to any other applicable fees or payments. The DHS aims to generate revenue through this fee to help offset a portion of the federal government’s costs associated with administering the lawful immigration system.
The costs covered by this fee include various aspects of immigration management, such as the adjudication of immigration benefits, fraud detection, national security vetting, systems modernization, records and fee collection operations, immigration court operations, consular visa processing, labor standards enforcement, and interagency coordination. DHS estimates that the proposed fee could generate approximately $8.8 billion annually, based on a projected annual volume of 85,000 H-1B cap-subject petitions.
“The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,” stated Zach Kahler, a spokesperson for USCIS.
It is important to note that the additional fee would not apply to H-1B petitions that are exempt from the cap. This includes petitions filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education. Currently, the number of cap-subject H-1B visas issued annually is limited to 65,000, with an additional 20,000 available for individuals who have earned a master’s degree or higher from a U.S. institution of higher education.
For further details, interested parties can refer to the notice of proposed rulemaking.
This proposal reflects the ongoing efforts by the DHS to ensure that the costs associated with immigration processes are adequately funded, while also addressing the needs of the U.S. labor market.
For more information, see the notice of proposed rulemaking.
According to India Currents.