Summary:
- Development: DHS’s proposed $103,265 fee would apply to cap-subject H-1B petitions if finalized; the 75-country immigrant visa pause has been vacated by a federal court.
- Why it matters: If finalized, the fee would substantially raise H-1B filing costs; lifting the 75-country pause restores individualized visa review but does not remove public-charge scrutiny.
- Action point: Employers and applicants should continue current filing plans, monitor the DHS rulemaking and consular guidance, and review public-charge factors for pending cases.
1. Proposed $103,265 H-1B Fee: What Employers Need to Know
The Department of Homeland Security (DHS) has proposed a new $103,265 fee for H-1B petitions subject to the annual cap, including petitions eligible for the U.S. advanced-degree exemption. The proposed fee would be in addition to all other applicable H-1B filing fees and would be paid when the H-1B petition is filed.
Key Points
- The $103,265 fee is only a proposal. It is not currently in effect, and employers are not currently required to pay this amount.
- If finalized, the fee would apply to cap-subject H-1B petitions, including both the regular H-1B cap and the 20,000 advanced-degree exemption.
- The proposed fee would be in addition to all other applicable H-1B filing fees and government charges.
- The proposal would not apply to cap-exempt H-1B petitions, including certain petitions filed by institutions of higher education, qualifying nonprofit research organizations, and governmental research organizations.
- DHS states that the purpose of the proposed fee is to generate revenue to help cover the costs of administering the federal lawful immigration system.
- The proposal follows the federal court’s June 2026 decision striking down the Administration’s previous $100,000 H-1B payment requirement. DHS is now pursuing a new fee through the formal regulatory rulemaking process.
What This Means Today
There is no $103,265 fee to pay at this time. The proposed rule must go through the regulatory process before the fee could become effective.
Employers should therefore not postpone or change current H-1B filing plans solely because of this proposal. However, employers planning to participate in the next H-1B cap process should closely monitor the proposal because, if finalized, the additional cost would be substantial.
We will continue to monitor the rulemaking process and provide updates as additional information becomes available.
2. 75-Country Immigrant Visa Suspension: Court Decision and What Applicants Should Do Now
On August 21, 2026, a federal judge struck down the State Department policy that had suspended the issuance of immigrant visas to nationals of 75 countries. The court found that the policy was unlawful and exceeded the Secretary of State’s statutory authority.
The Department of State subsequently confirmed that it would comply with the court order and announced that the 75-country immigrant visa issuance pause is no longer in effect.
Key Points
- The court rejected the blanket suspension of immigrant visa issuance based solely on an applicant’s nationality.
- The 75-country pause is no longer in effect. Applicants from the affected countries should again be considered on an individualized basis, subject to the normal immigration and visa requirements.
- The court’s decision does not mean that every affected applicant will automatically receive an immigrant visa. Applicants must still establish eligibility and satisfy all applicable admissibility requirements.
- Importantly, the public-charge issue that prompted the State Department’s original policy remains an area of significant attention.
- The State Department has indicated that it is undertaking a broader review of its screening and vetting procedures concerning public charge.
- There have also been reports of visa interview cancellations and rescheduling at some U.S. Embassies and Consulates while consular officers receive additional training regarding public-charge determinations.
What This Means Today
For applicants affected by the 75-country suspension, the court decision is positive news because the blanket immigrant visa issuance pause has been removed.
However, applicants should not assume that the end of the 75-country suspension means that immigrant visa processing will proceed without additional scrutiny or delay. The State Department continues to focus on public-charge determinations, and consular officers are receiving additional guidance and training in this area.
We recommend that clients with pending or anticipated immigrant visa cases review their eligibility and circumstances under the current public-charge standards before proceeding with consular processing. This is particularly important for applicants whose financial circumstances, household circumstances, age, health, employment history, education, skills, or other factors could potentially be relevant to a public-charge determination.
The court’s decision removes one significant obstacle, but it does not eliminate the public-charge ground of inadmissibility or other visa requirements. Applicants should therefore continue to monitor their individual cases and communications from the applicable U.S. Embassy or Consulate and should consider consulting with immigration counsel before proceeding if there are concerns regarding public-charge eligibility.
What Employers and Applicants Should Keep in Mind
Immigration policies and procedures continue to change rapidly. The developments discussed above are significant, but neither represents a complete change to the underlying immigration requirements.
For H-1B employers: The $103,265 fee remains a proposal. Current H-1B filing requirements and fees remain in place unless and until a new rule becomes effective.
For immigrant visa applicants: The 75-country suspension is no longer in effect, but applicants remain subject to individualized visa adjudication, including applicable public-charge and admissibility requirements.
We Are Here to Help
We will continue to monitor these developments and provide additional updates as the government implements or changes these policies.
If you have questions regarding these policy changes or would like assistance evaluating how they may affect your business, employees, or immigration status, please contact our office. We are available to assist with compliance reviews, strategic planning, and case-specific guidance.
Disclaimer
This alert is provided for general informational purposes only and does not constitute legal advice. Immigration laws, regulations, agency guidance, and enforcement priorities may change. Readers should consult qualified immigration counsel regarding their specific circumstances.
Leech Tishman has extensive experience advising clients on the complex and evolving U.S. immigration landscape. Our team is prepared to help clients evaluate the potential impact of this memorandum on pending or future immigration matters. For assistance or additional information, please contact Cristina Perez or Daniel E. Kelly, attorneys in our Immigration Practice Group.