The $100,000 fee on H-1B visas has been placed under a court injunction again.
In the United States, the $100,000 fee imposed on H-1B visas has been struck down by a federal court for the second time. But the debate is not over: DHS is proposing a new fee of $103,265 for applications subject to the annual cap.
The $100,000 additional fee imposed on H‑1B visas used by highly skilled foreign workers in the United States was once again blocked by a federal court. Federal judge Haywood Gilliam in California ruled that the U.S. Citizenship and Immigration Services (USCIS) and the Department of State, which implemented the measure, had not followed the required administrative procedures.
Second Court Obstacle
The decision in California became the second major federal court ruling on the $100,000 fee. A federal court in Massachusetts had previously struck down the measure. While the government's appeal against this ruling is still pending, the new decision has brought the legal debate over the fee's implementation back to the forefront.
The fee had significantly increased the costs, which had previously been in the several thousand-dollar range, for new H‑1B applications. The measure imposed a substantial financial burden, especially on foreign professionals seeking to work in the United States and on the companies that employ them.
New Offer of $103,265 on the Table
However, the court’s halt of the $100,000 fee does not mean the debate over high H‑1B fees has ended.
The U.S. Department of Homeland Security (DHS) proposed a new regulation in August that would impose an additional fee of $103,265 on the H‑1B program. This amount is being drafted as a separate regulation from the existing $100,000 fee.
The new proposal will cover applications subject to the annual H‑1B cap. Under DHS's regulation, applications within the 20,000‑person exemption reserved for advanced‑degree holders will also be subject to the fee. In contrast, cap‑exempt H‑1B applications are not included in the proposed fee.
The Fee Is Not Yet in Effect
The $103,265 figure is not an existing fee. DHS's August regulation is a proposal presented for public comment. Therefore, when and under what conditions the fee will be applied will depend on the outcome of the regulatory process.
Thus, while the $100,000 fee is reopened for debate through court rulings, the U.S. administration's preparation of a new regulation that would impose higher costs on H‑1B applications continues to fuel uncertainty around the program.
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