Framing Analysis
The Department of Homeland Security has issued a draft rule proposing a $103,265 fee on H-1B cap-subject petitions, including those using the advanced-degree exemption and for workers already inside the United States. The fee would be paid at filing in addition to existing charges and would not apply to universities, hospitals, or research institutions. A prior $100,000 H-1B fee was vacated by a federal judge as an unlawful tax.