On Aug. 24, the U.S. Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register that would formally codify a fee of $103,265 for all H-1B cap-subject petitions, including those subject to the annual cap of 85,000. The proposed rule would not apply to cap-exempt petitions, including those filed by cap-exempt organizations and cap-subject extension petitions. This new rule is separate from the $100,000 H-1B presidential proclamation fee, which is currently vacated.
For employers who use the H-1B program to fill critical roles, the fee would represent a significant increase in the cost of sponsoring foreign talent and could result in some organizations rethinking workforce and immigration strategies. It’s important to emphasize that this is a proposed rule. It is not final and it is likely to be challenged in court if is finalized. The rulemaking process requires the administration to solicit public comment for 30 days before any regulation can take effect.
Our Immigration Practice Group is actively tracking this proposed rule and its potential implications for employers across industries. We’ll continue to provide updates on the rulemaking and legal process surrounding the proposal. In the meantime, employers with questions about the proposal’s potential impact on their H-1B strategy are encouraged to reach out to their Fox Rothschild immigration attorney.