The Department of Homeland Security (DHS) issued a new proposed rule for H-1B visas on Monday that would charge a $103,265 fee for all workers seeking to gain employment in the U.S. who are subject to the annual statutory cap.
Notice of the proposed rule says the fee would be used for the federal government’s costs of administering the lawful immigration system, including activities carried out by the DHS and the departments of Justice, State and Labor.
“The proposed H‑1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,” U.S. Citizenship and Immigration Services spokesperson Zach Kahler said in a release.
The move follows a federal judge’s decision in June to strike down the Trump administration’s previously proposed $100,000 fee for H-1B visa applications.
U.S. District Judge Leo Sorokin ruled that it was unlawful to implement a tax on visa applications, as Congress is the only legislative body with the authority to set immigration policy and taxes.