The U.S. Department of Homeland Security announced on Monday, August 24, 2026, a $103,265 fee for each H-1B visa petition subject to the annual cap, the pathway tech companies use to hire foreign talent.
This is the second attempt by the U.S. government to raise the cost of this visa, the technology industry's preferred option. In June, a federal judge struck down the previous version, which charged $100,000, even though more than 70 employers had already paid it, according to The Verge. The new fee applies to petitions subject to the annual cap of 85,000 visas, including those from applicants with graduate degrees, and, according to Bloomberg, covers both those arriving from abroad and workers already in the United States (for example, international students transitioning to H-1B status after completing their studies). For Latin American professionals seeking jobs in hubs like Silicon Valley or Austin, the change abruptly raises the cost of the legal path to those positions.
The U.S. government frames the fee as a cost-recovery mechanism for the immigration system. The fee is paid by the company filing the petition, not the foreign worker. Todd Schulte, president of FWD.us, an organization founded by tech executives, said the measure is clearly illegal and seeks to eliminate the H-1B and OPT programs, with serious consequences for both companies and workers. The previous fee also worsened staff shortages in the country's rural hospitals and in Alaska's public schools, which have relied on skilled immigrant workers as their local populations have declined. The Department of Homeland Security also signaled a $100,000 fee for the OPT program, which allows international students to work in their field of study for up to 12 months, with extensions for science and technology profiles. Amazon, Meta, and Microsoft top the list of H-1B employers.
The proposal opens a 30-day public comment period. The next step is the final rule, which will determine what the H-1B will cost once it takes effect, a figure that Latino communities in the technology sector will be watching closely.
This article was written with artificial intelligence assistance based on verified sources and reviewed by a human editor before publication.