DHS Proposes New H1-B Fee

The Department of Homeland Security (DHS) has issued a proposed rule to implement a $103,265 fee for H-1B visa petitions. This move comes after a Federal court blocked the original fee that was announced in September 2025.

School districts nationwide are struggling to find qualified educators and the proposed fee will ​exacerbate this challenge for districts who rely on the H1-B program to recruit teachers. The H1-B visa program is an important pathway for many school districts, particularly in rural areas, to ensure that every student has a highly effective teacher. Last year, more than 500 school districts were utilizing the H1-B program to employ international teachers.  

The fee would not apply to visa petitions that are cap-exempt, so some districts may not be affected by this proposal (more information on cap-exempt employers here). In the proposal, DHS states that cap-subject H-1B petitioners are willing to pay and can afford an additional $103,265 fee. This rationale fails to recognize the significant financial challenges facing public school districts, and AASA will continue to advocate for an exemption for all K-12 educators.

The comment period will be open for 30 days.