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Partner Bo Cooper discusses the potential impact of the Trump administration’s proposed $103,265 fee for cap-subject H-1B petitions on US employers and international talent in AIP.
Bo explains that the proposed rule does not contemplate a refund if an H-1B petition is denied or withdrawn. Employers could also pay the fee and later lose the sponsored employee if the individual changes employers, creating additional financial risk, particularly when hiring recent graduates or filling early-career roles.
He also addresses the proposal in the context of broader immigration policy changes affecting international students and foreign talent, noting that these developments could weaken the talent pipeline supporting innovation, economic growth and US competitiveness.

