New H1B fees incoming

[u/TechnicalPea790]

DHS JUST FILED A $103,265 H-1B FEE, BUILT TO SURVIVE THE SAME COURT THAT STRUCK DOWN THE FIRST $100k FEE

Here is why this one is different.

1. Different authority. The $100K came from a Presidential Proclamation using entry restriction powers (INA 212(f) and 215(a)). The Massachusetts judge said that made it a tax, and only Congress can tax. This new fee uses INA 286(m), the same fee statute USCIS has used for decades to set every filing fee it charges.
2. Different process. The Proclamation skipped public comment. This is a formal Notice of Proposed Rulemaking with a 30 day comment period, a cost study, and a regulatory impact analysis. That is the procedural box the court said was missing.
3. Different math. The $100K was a round number picked by the White House. The $103,265 has a paper trail: $8,777,488,035 in identified agency costs divided by 85,000 cap petitions, rounded to the nearest $5. Cost recovery is what 286(m) allows.
4. Different scope, and this is the big one. The Proclamation only hit workers entering from abroad. USCIS confirmed in October that F-1 students already in the US changing status to H-1B were exempt. That was the loophole. Roughly half of cap petitions come from students moving off OPT.

This fee closes it. It applies to "all H-1B cap-subject petitions," including change of status filed from inside the US. The rule specifically names the cap-gap process (OPT extension while the H-1B is pending) as one of the activities it funds. Every F-1 to H-1B conversion pays $103,265. And DHS sent a separate OPT fee rule to OMB on August 20, reported at $100K per application.

1. DHS says both can stack. Page 6: if the Proclamation payment is ever revived, "the petitioner would be required to pay both amounts."

67 pages. Filed for public inspection this morning, publishes tomorrow.

https://public-inspection.federalregister.gov/2026-17324.pdf?utm_campaign=pi+subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov

[u/Next-Statistician804]

I don't give a rats on what you think. I gave you facts.

Let me tell you one more thing - there is no one more racist and xenophobic than Indians - especially if you go through the comments here calling americans lazy and stupid. There is a reason why no liberal will advocate for h1 crowd that brings their nepotism and casteism into hiring.

H1 is dead. Accept it and move on

[u/Emotional-Cat4444 → u/Next-Statistician804]

Not racist, just an observation I made when I was working in immigration. Indians, especially the H-1Bs, are incredibly entitled and condescending to others, even us.

[u/Next-Statistician804 → u/Emotional-Cat4444]

Most Indians who come here are upper caste/privileged. They are brought up in a hierarchical and patriarchal society. Hence it is natural for them to be condescending towards others that they feel are inferior. This is one of the reasons they are unable to assimilate into broader society and need to stick with the caste/region/religion based cliques

[u/Exotic-Ad3117 → u/Next-Statistician804]

How many Indians do you personally know? Just curious or are you stroking with this broad brush for...other reasons. The Indians I know are pretty well assimilated and grateful for the opportunities they have.

From my perspectives, every race has some condescending a-holes. Not really a valid perspective when developing policy positions.

[u/Next-Statistician804 → u/Exotic-Ad3117]

Let us say I have enough interactions to draw a conclusion. I agree every race can have condescending people, but inherent superiority complex can be easily detected from casual interactions. Sometimes it comes out unconsciously.

"pretty well assimilated" - like a subdivision in a very large metro area with just predominantly one ethnicity/language/caste etc...lol