The Department of Homeland Security (DHS) announced a new proposed rule regarding H-1B visas, which suggests a fee of $103,265 for foreign workers aiming to seek employment in the U.S. under the annual statutory cap.

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The tech industry frequently engages in debates about H-1B visas. These visas enable U.S. companies to employ foreign workers for specialized, high-skill jobs. Data from the Bipartisan Policy Center indicates that nearly two-thirds of H-1B approvals are for computer-related roles, particularly those involving software engineering, data science, and IT support.

The proposal specifies that the fee will cover the federal government’s costs of managing the immigration system, including work carried out by DHS and the departments of Justice, State, and Labor. Zach Kahler, spokesperson for U.S. Citizenship and Immigration Services, stated, “The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers.”

This initiative was put forward following a federal judge’s June decision to nullify the Trump administration’s earlier proposed $100,000 fee for H-1B applications. U.S. District Judge Leo Sorokin deemed the fee unlawful, emphasizing that only Congress has the power to establish immigration policies and taxes.

Originally, the proposal included universities, hospitals, and research-based institutions. However, these entities will not be affected by the new fee under DHS’s latest proposed regulation. Companies and tech workers will have a 30-day period to comment on the rule once it is published on the Federal Register, an action expected on Tuesday.

Stay informed with The Hill’s Technology newsletter, as Julia Shapero and Miranda Nazzaro keep you updated on technological developments from Capitol Hill to Silicon Valley.

Essential Reads

Important insights into current and future tech sector policies:

• Alabama Attorney General Steve Marshall issued a subpoena to OpenAI regarding a multistate investigation into the handling of a model breach at tech startup Hugging Face.
• Paramount and California Attorney General Rob Bonta’s office canceled a planned meeting amidst tension over Paramount’s merger with Warner Bros. Discovery. Bonta accused Paramount of leaking meeting details, compromising discussions.
• EPA Administrator Lee Zeldin cautioned against banning data centers due to potential impacts on U.S. efforts in the artificial intelligence race against China.

The Refresh

A roundup of news from tech intersections:

• Flock CEO advocates for compromises amid backlash (TechCrunch)
• Greg Abbott discusses data center strategy shift (Politico)

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Education Secretary Linda McMahon commented on AI’s potential as a valuable asset for K-12 students if implemented correctly. During her CNN interview, she highlighted a visit to Alpha School in Austin, Texas, where students interacted with chatbots while teachers supervised.

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