On September 24, 2026, the National Foundation for American Policy (NFAP) released a comment on the Department of Homeland Security’s (DHS) proposed rule to impose a $103,265 fee on H-1B cap-subject petitions. NFAP’s analysis concluded, among other things, that DHS overestimated the amount of revenue it would receive from the fee by $6.1 billion annually.
The analysis could contribute to arguments that the fee is meant to deter H-1B immigration, not raise revenue, especially given that only about 700 individuals paid a similar fee before a court struck it down. NFAP also pointed to the likelihood that companies will simply place highly skilled workers in other countries, citing research finding that “companies respond to H-1B restrictions by increasing their hiring in other countries.”
