DHS is proposing a new rule imposing an extra fee of $103,265 for each of H-1B cap-subject petition, including those eligible for the advanced degree exemption. The proposed fee would be paid at the time of filing and would be imposed in addition to all other applicable fees or payments.
The government hopes that the proposed fee would generate revenue to recover a portion of the federal government’s costs for administering the lawful immigration system. These costs include adjudication of immigration benefits, fraud detection and national security vetting, systems modernization, records and fee collection operations, immigration court operations, consular visa processing, labor standards enforcement, and interagency coordination. DHS estimates the proposed fee would generate approximately $8.8 billion annually, based on a projected annual volume of 85,000 H-1B cap-subject petitions.
Under the proposed rule, the additional fee would not apply to H-1B petitions that are not subject to the cap, such as petitions filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education.
Earlier, the U.S. District Court had found President Trump’s H-1B Proclamation imposing $100,000 as unlawful and vacated it entirely. Similarly, the Court of Appeals denied Trump Administration’s appeal seeking pause of the effectiveness of the District Court’s order which had vacated and set aside H-1B Proclamation imposing $100,000 additional fee terming it as unlawful act exceeding Presidential power.
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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