A broader fee proposal
A proposed US immigration rule would impose a $103,265 charge on H-1B visas issued to for-profit employers, extending uncertainty for technology companies and skilled foreign workers. The Department of Homeland Security proposal follows an earlier $100,000 charge announced in September 2025 that was later ruled unlawful by a federal appeals court.
The H-1B program lets employers hire skilled workers temporarily and is widely used in technology. Universities, hospitals and some nonprofit institutions operate under an uncapped category, while for-profit employers share 85,000 visas allocated annually through a lottery. The proposed rule would apply to that capped pool and, unlike the earlier policy, would reach applicants already inside the United States, according to IEEE Spectrum's account.
The earlier charge produced a sharp response before the court ruling. A Homeland Security court filing showed that only 85 qualifying applications paid the fee between its introduction and February 15, 2026. Applications subject to the charge fell 87 percent from the previous year, while government H-1B fee revenue declined by $20 million because employers largely avoided cases carrying the new cost.
Hiring may move rather than disappear
Immigration researchers cited by IEEE Spectrum said employers have several possible responses. Companies can relocate positions abroad, recruit more workers already eligible to work in the United States, retain existing visa holders or use other immigration categories where candidates qualify. Multinational businesses may also consider intracompany transfers. None of those routes is a direct substitute for every prospective H-1B hire.
Technology companies have offered little public detail about their plans. IEEE Spectrum said 25 US companies contacted for its report either declined to participate or did not respond. That silence makes the scale of job relocation difficult to measure, but it does not remove the financial incentive: a six-figure application charge can exceed the cost of establishing or expanding some roles outside the country.
The policy environment has also affected students who often form part of the skilled-worker pipeline. Changes described in the report include tighter interview requirements, social-media screening and a fixed four-year period for student visas. A separate proposal would charge some graduates seeking one to three years of post-study work authorization between $70,000 and $100,000.
The H-1B proposal remained open for public comment through September 24. Supporters of tighter restrictions argue that barriers protect US workers, while opponents question the department's authority and warn that high fees will divert talent and investment elsewhere. DHS must consider submitted comments before issuing a final rule.
For employers and workers, the proposal is not yet a final charge. Its immediate effect is continued planning uncertainty after months of legal and administrative changes. The available evidence shows that companies avoided the earlier fee at scale; whether the broader replacement survives review will determine how much of that behavior becomes a lasting shift in technology hiring.
