U.S. Chamber Opposes $103,265 H-1B Fee as Program-Ending for Employers

NewsData.io · United States · Sep 27, 2026

The U.S. Chamber of Commerce filed formal comments opposing a DHS proposed rule that would impose a $103,265 fee on every cap-subject H-1B petition. The Chamber argues the fee is economically unjustified, lacks statutory authority, and would devastate program participation — citing DHS's own acknowledgment that a related $100,000 proclamation payment caused a 90%-plus drop in consular H-1B receipts. The flat fee makes no distinctions by employer size, wage level, or petition type, disproportionately harming small and mid-sized employers. For staffing firms and IT services companies that rely heavily on the H-1B program to place skilled workers, this proposed rule — if finalized — would effectively price most employers out of the program and sharply constrain the talent pipeline for technology and STEM roles.