Important Updates
Important Updates
November 19, 2025 | United KingdomConstruction Management: Illegal Working in Construction: Expanding Right to Work Checks
November 20, 2025 | AustraliaAustralia: Skilled Migration Invitation Round and Allocations Announced
November 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
November 20, 2025 | IndiaIndia: Expansion of Visa-on-Arrival Eligible Airports for UAE Nationals
November 19, 2025 | Canada, Republic of the PhilippinesCanada/Philippines: Reminder: Overseas Employment Certificate Requirements for Filipinos Working in Canada
November 19, 2025 | United KingdomConstruction Management: Illegal Working in Construction: Expanding Right to Work Checks
November 20, 2025 | AustraliaAustralia: Skilled Migration Invitation Round and Allocations Announced
November 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
November 20, 2025 | IndiaIndia: Expansion of Visa-on-Arrival Eligible Airports for UAE Nationals
November 19, 2025 | Canada, Republic of the PhilippinesCanada/Philippines: Reminder: Overseas Employment Certificate Requirements for Filipinos Working in Canada
November 19, 2025 | United KingdomConstruction Management: Illegal Working in Construction: Expanding Right to Work Checks
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Proposed H-1B Cap Registration Fee Under Federal Review

May 31, 2019

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • The Department of Homeland Security has submitted to the Office of Management and Budget a proposal to impose a fee on employers who register for the H-1B cap under an online system that will take effect next year.
  • Once OMB clears the proposal, it will be published in the Federal Register for public comment.  It is expected to be made final in time for the FY 2021 H-1B cap season.
  • The fee amount is not yet known.

The issue

The Department of Homeland Security is rapidly moving forward with a proposed regulation to charge a fee for filing registrations in the forthcoming H-1B cap online system, just days after announcing its plan to so impose a fee.  The proposed fee – which has not yet been specified – is now under review at the Office of Management and Budget, the first step toward implementation. 

When a regulation to require advance registration for the H-1B cap was finalized earlier this year, DHS indicated that it could elect to impose a fee in the future.  H-1B cap registration will begin with the FY 2021 H-1B cap season, which will begin in early 2020.

A closer look at H-1B cap fees

Under current rules, an employer who submits an H-1B cap petition is subject to the following fees:

  • A filing fee for Form I-129, the nonimmigrant worker petition, currently $460
  • An H-1B Training and Education fee, currently $1,500 (or $750 for employers with 25 or fewer full-time employees)
  • An anti-fraud fee of $500
  • A border security fee of $4,000, if the petitioner has 50 or more employees in the United States, more than 50% of whom are in H-1B or L-1 status
  • A $1,410 fee for premium processing service, if available and elected by the petitioner

 

If the cap petition is not selected in the lottery, these fees are returned.

Under the forthcoming system, employers would submit a registration and fee for each foreign national they wish to sponsor for cap-subject H-1B employment.  A petition and associated filing fees would be submitted only if the registration were selected in the cap lottery.

Next steps for the proposed fee rule

OMB has 90 days to review the proposed regulation.  Once it clears OMB review, the proposal will be published in the Federal Register for public comment. Interested organizations and individuals are expected to have 30 to 60 days to submit feedback.

When the public comment period closes, DHS will review the feedback it receives and prepare to issue a final regulation.  There is no set timeframe for publication of a final rule, but it is expected to be in place when the FY 2021 H-1B cap season begins early next year.

What this means for employers

Though the exact amount of the proposed registration fee has not yet been disclosed, employers should be ready to budget for the new fee if they plan to submit H-1B cap registrations next year.

Fragomen is closely following the fee proposal and will provide updates as it advances through the approval process.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.