On August 24, the U.S. Department of Homeland Security (DHS) proposed a $103,265 fee for all H-1B petitions subject to the annual cap, including those for workers with advanced degrees from U.S. institutions. Unlike the administration’s earlier $100,000 entry fee, the proposal would also apply to cap-subject workers hired from within the United States, including some recent international graduates.
The H-1B program allows U.S. employers to temporarily hire foreign workers in specialty occupations requiring a bachelor’s degree or higher. The program has an annual cap of 65,000 visas, plus 20,000 for workers with advanced U.S. degrees, and uses a lottery because demand consistently exceeds supply.
Computer-related occupations accounted for 62 percent of approved H-1B beneficiaries in FY 2025, followed by architecture, engineering, and surveying at over 10 percent. Medicine and health accounted for less than 5 percent. In long term care, physical, speech, and occupational therapists are examples of the professionals who may enter through the H-1B program. RNs come in typically via the E-B3 visa process, and DHS’ proposal doesn’t impact E-B3s.
Qualifying cap-exempt employers—including universities, affiliated nonprofits, nonprofit research organizations and governmental research organizations—would not be subject to the proposed fee. Employers would pay the charge, in addition to existing filing fees, when submitting a cap-subject petition.
The new fee is only a proposal. DHS must consider public comments before issuing a final rule. Members can review the
proposed regulation for additional details. Comments are due 30 days after its scheduled August 25 publication in the Federal Register.
AHCA/NCAL will continue to monitor this matter and provide relevant updates.