DHS Proposes Record-Breaking $103,265 H-1B Visa Fee Amid Uncertainty

The US Department of Homeland Security (DHS) has proposed a new $103,265 fee on H-1B cap-subject petitions. This proposal is part of a notice of proposed rulemaking and will be subject to a 30-day public comment period following its publication in the Federal Register.

DHS estimates that the proposed fee could generate around $8.8 billion annually, based on an estimated 85,000 H-1B cap-subject petitions each year. The fee would apply to H-1B petitions subject to the annual cap, including cases eligible for the advanced-degree exemption.

The proposal comes after the Trump administration's earlier attempt to impose a $100,000 H-1B fee was struck down by a federal court in September 2025. Indian technology companies, such as Infosys Ltd., TCS Ltd., Tech Mahindra Ltd., and Wipro Ltd., are among the biggest users of the H-1B programme.

The proposed fee could increase the cost for US employers hiring skilled foreign workers through the H-1B programme, potentially affecting companies that rely on H-1B visas to deploy talent in the US. The Indian IT sector has historically been a significant user of the H-1B programme, making any sharp increase in visa-related costs an important monitorable.