$100,000 H-1B Filing Fee Faces Immediate Legal Challenge as Rule Takes Hold - VisaHQ
Key Takeaways
- It has been reported that a new rule could expose some H-1B filings to fees approaching $100,000, prompting an immediate legal challenge.
- USCIS (U.S. Citizenship and Immigration Services) has not published any single H-1B “filing fee” near $100,000; current, official fees are far lower.
- The latest USCIS fee rule, effective April 1, 2024, raised several H-1B-related fees and added a $600 “Asylum Program Fee,” which employers must pay with certain petitions.
- No court has paused the fee rule as of now; employers must continue to use USCIS’s current fee schedule.
- Employers and attorneys should verify costs against USCIS’s official fee table and watch for court orders that could alter payment requirements.
What’s new—and what’s being challenged
It has been reported that a rule now in effect could lead to H-1B petition costs reaching $100,000 in some scenarios, and that a lawsuit was filed immediately to challenge it. The claim has raised alarm among employers and foreign workers who rely on the H-1B specialty occupation visa, particularly during a year of significant fee changes. While the litigation reportedly targets the financial burden and legal authority behind the rule, details of the plaintiffs and precise legal theories were not immediately available.
What the law actually requires today
Under USCIS’s current, published schedule, there is no single H-1B “filing fee” anywhere near $100,000. Today’s typical government charges for an H-1B petition include: the Form I-129 H-1B base fee ($780), the ACWIA training fee ($750 for small employers; $1,500 for larger ones), the anti-fraud fee ($500), and the new Asylum Program Fee (generally $600; reduced to $300 for small employers and waived for nonprofits). Certain H-1B-dependent employers must also pay a $4,000 fee under Public Law 114-113 for some petitions, and optional premium processing is $2,805. Registration for the H-1B cap lottery remains $10 for the FY 2025 season but is scheduled to rise to $215 for the FY 2026 season. In practice, even in high-cost scenarios that combine multiple required charges plus optional premium processing, total government fees for a single H-1B filing are typically in the low five figures—not $100,000.
The legal fight and what to watch
The new fees took effect April 1, 2024, and similar changes have drawn quick lawsuits from industry groups in recent years. Plaintiffs often argue that DHS (Department of Homeland Security) exceeded its statutory authority or acted arbitrarily under the Administrative Procedure Act (APA). As of now, there is no court order pausing the fee rule. If a federal court grants an injunction, USCIS could be barred—temporarily or permanently—from collecting some charges. Until then, employers must pay the published fees to avoid rejections, which can derail start dates, extensions, or changes of employer for H-1B workers.
What this means for employers and H-1B workers right now
For companies and counsel: rely on USCIS’s official fee tables and instructions when filing, and budget for higher costs under the April 2024 rule, including the Asylum Program Fee. Double-check whether the $4,000 H-1B-dependent surcharge applies, and whether premium processing is truly necessary. For workers: fee disputes can ripple into timing—rejections over incorrect payments can result in gaps in status or missed start dates. Watch for court updates; if a judge blocks any fees, USCIS will issue guidance. Until then, follow the current rules to keep cases moving.
Source: Original Article