The Department of Homeland Security placed a new rule proposal on public inspection Monday, opening a 30‑day comment period that will be published in the Federal Register on August 25. If finalized, the rule would require employers to pay a $103,265 fee when filing an H‑1B petition that falls under the annual cap, in addition to existing filing costs.
How the fee is calculated
DHS says the amount is derived by dividing an estimated $8.78 billion in annual immigration‑system costs by the 85,000 petitions it expects will be subject to the fee. The agency projects the resulting revenue would support U.S. Citizenship and Immigration Services and immigration‑related work at ICE, Customs and Border Protection, the Justice Department’s immigration courts, the State Department and the Department of Labor.
Legal background
President Donald Trump issued a separate $100,000 payment requirement by proclamation in September 2025. U.S. District Judge Leo Sorokin vacated that policy on June 8, finding the administration lacked authority to impose the charge in the manner used. The government appealed, but the First Circuit denied a stay on July 24, leaving the vacatur in place while the appeal proceeds. DHS notes the proclamation fee would expire before the new $103,265 fee could take effect, unless extended.
Texas response
Governor Greg Abbott recently introduced legislation that would bar H‑1B workers from Texas public schools, stating, “Exactly zero Texas public school employees should be here on H‑1B visas.” Dallas ISD has recorded 1,290 H‑1B approvals from 2020 through 2025 and spent roughly $2.54 million on related legal services, though it is unclear how many of those approvals were cap‑subject and therefore subject to the proposed fee.
Next steps
The proposal remains a rulemaking draft. DHS must complete the public‑comment process and issue a final rule before any fee can be collected. Likewise, Abbott’s state‑level ban would require passage by the Texas Legislature.
Original reporting: The Dallas Express — read the source article.
