Chamber Opposes Proposed $103,265 H-1B Petition Fee
The U.S. Chamber of Commerce submitted comments opposing DHS's proposed $103,265 fee on H-1B petitions counted against the annual cap. The Chamber said it supports program integrity but argued the fee would make the visa program inaccessible to many U.S. employers. It also questioned the rule's legal authority, economic analysis, treatment of different petition types, impact on smaller employers, and short comment period.
The Chamber's September 24 letter, signed by Patrick Shen, answers DHS docket USCIS-2026-0298, published August 25, 2026. It contests a $103,265 charge on H-1B petitions counted against the annual cap, citing legal authority, economic analysis, petition-type treatment, smaller-employer effects, and a short comment period.
DHS noted a related $100,000 proclamation payment reduced consular H-1B receipts by more than 90%. The Chamber also cites research finding foreign STEM workers can raise productivity, boost wages for college-educated native workers, and generate domestic jobs; one study estimated 183 U.S. jobs per 100 additional H-1B workers.
If finalized, the fee could affect U.S. employers that rely on cap-subject H-1B petitions, especially smaller and mid-sized firms, and may influence hiring, expansion, or placement decisions. Workers seeking these visas, their families, and communities tied to STEM and professional sectors could also feel indirect effects. Because the Chamber disputes the rule's authority and analysis, the outcome may depend on further review, litigation, or revised agency action, leaving uncertainty for businesses and workers.