Comments: Proposed Fee on H1B Visas

On behalf of the American Council on Education (ACE) and the undersigned higher education associations, we write in response to the September 10, 2026, notice of proposed rulemaking that would establish a $103,265 fee for all H-1B cap-subject petitions.

While we appreciate that colleges and universities are exempt from this as non-cap subject employers, we would like to emphasize the detriment this fee would have broadly on our ability to recruit and maintain global talent. We are also concerned about the proposed large increase in an administrative fee that goes “far beyond the direct adjudication cost of [an] individual petition” and would be used for unspecified programs well beyond the Department of Homeland Security (DHS), including by the Department of Justice (DOJ), Department of State (State), and Department of Labor (Labor).

Higher education institutions rely on international faculty, researchers, postdoctoral scholars, and specialized staff to advance critical scientific research, enhance campus diversity, and train domestic students in high need fields. We remain deeply concerned about the broader economic and strategic impacts of imposing this significant new fee and its impact on international students studying in the U.S. International students contribute over $40 billion annually to the U.S. economy and support thousands of domestic jobs. However, a primary driver for prospective international students choosing U.S. institutions over competing foreign universities is the opportunity to eventually apply their academic training by lawfully working through well-established programs such as the H-1B category… (download attachment for full letter).