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Tech Giants Warn $103k H-1B Petition Fee Would Undercut U.S. Competitiveness

Sep 24, 2026
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Tech Giants Warn $103k H-1B Petition Fee Would Undercut U.S. Competitiveness
In formal comments filed September 24, TechNet—a lobby group representing Amazon, Apple, Alphabet, Meta and dozens of other technology firms—urged the Department of Homeland Security to withdraw its proposal to impose a staggering $103,265 fee on most new cap-subject H-1B petitions. The group argues the charge would “make it economically irrational” for U.S. companies and start-ups to recruit the world-class AI and engineering talent they need to stay ahead of global rivals. DHS unveiled the fee in August, saying it must recoup nearly $9 billion in immigration-system costs from the petitioning employers who benefit from high-skilled visas. The figure dwarfs the current H-1B filing cost of roughly $8,000 and would be payable on top of existing fraud-prevention and ACWIA surcharges. The White House has simultaneously extended a separate $100,000 H-1B payment mandated by a 2025 proclamation—although that levy remains blocked by a federal court order. TechNet’s submission warns that the new fee would disproportionately hurt smaller companies that cannot absorb six-figure hiring costs. It cites internal data showing that a typical early-stage robotics start-up might raise only $3 million in seed funding—making a single H-1B hire consume 3-4 % of total capital. Larger firms, meanwhile, fear the measure will accelerate an emerging trend of R&D jobs being located in Canada, the UK and Singapore, where talent pools are bolstered by more liberal visa regimes. Immigration economists note that nearly 71 % of FY 2025 H-1B registrants held an advanced degree in STEM fields. “Pricing those visas out of reach is effectively an R&D tax,” says Giovanni Peri of UC Davis. DHS, for its part, maintains that U.S. workers have long borne the externalities of the H-1B program and that employers seeking foreign talent should shoulder systemwide enforcement costs. The public-comment period closes October 24, after which DHS must review feedback before publishing a final rule. If adopted unchanged, the fee could take effect as early as spring 2027, forcing global mobility teams to rethink head-count planning, explore L-1 intracompany transfers or expand near-shore hubs outside the United States.
Source: Latin Times

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