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JD Vance supports proposed $103,265 fee for cap-subject H-1B visa petitions

The Department of Homeland Security introduced the new fee proposal after a federal judge struck down a previous $100,000 requirement.

Updated Aug 25, 2026 · 10:20 UTC1 reports

The short version

  • The Department of Homeland Security proposed a $103,265 fee for employers filing cap-subject H-1B petitions.
  • Vice President JD Vance voiced support for the measure, stating that U.S. companies should hire and train domestic workers.
  • The proposal follows a June federal court ruling that struck down the administration's earlier $100,000 H-1B fee.
  • If implemented, the fee is estimated to generate $8.8 billion annually to fund federal border, law enforcement, and immigration agencies.

Key facts

  • The Department of Homeland Security submitted a 67-page filing proposing a $103,265 fee on cap-subject H-1B petitions.[Business Insider]
  • Vice President JD Vance publicly backed the proposed fee, arguing that American corporations ought to hire and train domestic employees.[Business Insider]
  • A federal judge in the U.S. District Court for Massachusetts struck down a previous $100,000 fee requirement in June.[Business Insider]
  • The proposed fee exempts cap-exempt petitions for non-profit organizations, educational institutions, and government research bodies.[Business Insider]
  • DHS projects the fee would generate $8.8 billion annually, which would be distributed to agencies including USCIS, ICE, CBP, State, Labor, and immigration courts.[Business Insider]

What remains uncertain

  • It is uncertain whether the proposed fee rule will survive potential legal challenges following the June court decision striking down the prior $100,000 requirement.[Business Insider]

Sources