Drawing on member input, the Association submitted comments urging the Department of Homeland Security (DHS) to withdraw its proposed $103,265 fee on H-1B cap-subject petitions. The fee would come on top of the existing $100,000 proclamation payment, recently extended through September 2027, though blocked by a federal court and still under appeal.
Our letter argues that the proposed fee is not tied to the actual cost of processing a petition, duplicates existing safeguards around wages and specialty occupations, and would disproportionately burden startups and smaller employers.
We also warned that layering the fee onto the proclamation payment, proposed prevailing-wage increases and other pending actions could push jobs and investments offshore—and make the U.S. less attractive to global STEM talent.
If DHS moves forward, we urged the agency to limit the fee to new applicants outside the U.S., exempt healthcare and other critical industries, and recognize nursing and RN roles as STEM-eligible to help ease the ongoing nursing shortage.
We’ll keep members updated as decisions progress. Read our letter.
