Proposed $103,265 H-1B Fee: Fragomen Attorneys Examine the Potential Impact

The Trump administration has proposed a $103,265 fee for cap-subject H-1B petitions—a significant increase that could reshape how US employers approach the sponsorship and recruitment of highly skilled foreign workers.

Across recent coverage in Bloomberg and The Times of India, Fragomen attorneys examine three important dimensions of the proposal: its potential financial impact, how employers may adapt their hiring strategies and which H-1B petitions could be affected.

In Bloomberg, Partner Bo Cooper considers the potential cost for employers. A company seeking to hire 100 H-1B workers, for example, could face approximately $10.3 million in government filing fees under the proposal—before accounting for other hiring and onboarding expenses.

In The Times of India, Partner K. Edward Raleigh discusses how employers may respond. If the proposal takes effect, employers could become considerably more selective about which candidates they enter into the H-1B lottery, potentially accelerating the existing focus on highly skilled and highly paid workers.

In additional Times of India coverage, Senior Counsel Mitch Wexler examines the proposal’s scope. He notes that the fee would be tied to whether a petition is cap-subject, rather than simply whether the worker is located inside or outside the United States. This means certain F-1 students seeking to transition to H-1B status from within the country could also be affected.

The proposal remains subject to public comment and is likely to face legal challenges if finalized.

Read the full coverage:

• Bloomberg: Trump Proposes $103,000 H-1B Visa Fee After Court Blocks Earlier Plan
• The Times of India: ‘Gut punch’: What Trump’s new $103,265 H-1B visa fee proposal means for Indian aspirants

• The Times of India: US proposes $103,265 H-1B fee; hiring set to become more costly