US Proposes $103,265 H-1B Fee: What It Means

The US Department of Homeland Security has proposed a $103,265 fee on certain H-1B petitions, according to a new DHS rulemaking reviewed by the White House Office of Information and Regulatory Affairs (OIRA). The proposal is listed as "Fee for Certain H-1B Petitions", and was classified as a proposed rule after OIRA concluded its review last week.

The proposal is not yet a final rule and therefore does not mean employers are currently required to pay $103,265.

How Is It Different From $100,000?

The earlier $100,000 requirement was introduced through a presidential proclamation issued in September 2025. It restricted the entry of certain H-1B specialty-occupation workers who were outside the United States unless the relevant petition was accompanied by a $100,000 payment. The proclamation provided that the restriction would expire after 12 months unless extended,

The White House said the measure was intended to address what the administration viewed as misuse of the H-1B programme and encourage employers to prioritise highly skilled workers.

The new $103,265 measure is a separate regulatory proposal. It is being pursued through formal rulemaking rather than the presidential proclamation used for the earlier $100,000 payment.

Who Would Be Affected?

The proposed fee would apply to cap-subject H-1B petitions, including those filed under the regular allocation and the advanced-degree exemption.

The annual statutory cap is 85,000 H-1B visas: 65,000 under the regular allocation and 20,000 under the advanced-degree exemption.

The H-1B programme allows US employers to petition for foreign workers in specialty occupations requiring highly specialised knowledge and, generally, a bachelor's degree or equivalent.

Why Indians Could Be Particularly Affected

Indian nationals account for the largest share of H-1B beneficiaries by a significant margin.

USCIS data for fiscal year 2024 shows that 71% of approved H-1B beneficiaries were born in India. The report records 283,755 India-born beneficiaries out of 399,378 beneficiaries in its dataset.

That concentration means the proposed fee could disproportionately affect Indian professionals and US employers that rely on the programme.

What Is The H-1B Programme?

H-1B is a temporary US work category for foreign workers employed in specialty occupations. Employers generally file petitions on behalf of workers, making the programme an important route for US companies seeking employees with specialised qualifications.

Eligibility is generally tied to specialised knowledge and a bachelor's degree or equivalent in the relevant field.

What Happens Next?

The $103,265 figure remains a proposed fee, not an amount that has already taken effect. The proposal must go through the rulemaking process, including public comment, before DHS can issue a final rule.

The administration is pursuing a new six-figure H-1B fee through formal rulemaking, separate from the $100,000 payment requirement introduced by the 2025 presidential proclamation.