Immigration in Focus with Maria Aguila Episode 10: $103,265 for an H-1B? Plus, Could Asylum Applicants Lose Their Tourist Visas?

In this episode of Immigration in Focus, immigration attorney Maria Aguila explains DHS’s newly proposed $103,265 additional fee for cap-subject H-1B petitions and what it could mean for employers and foreign professionals. She also discusses the administration’s reported plan to revoke B-1/B-2 tourist and business visas for potentially up to 200,000 people who later sought asylum, including what affected immigrants should know as this policy develops.

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Hello, everyone, and welcome back to Immigration in Focus, the podcast where we break down the hottest topics in immigration news in plain English so you can understand not only what is happening in the immigration world, but what it may mean for you, your family, loved ones, or your even your business. I'm Maria Aguilar, immigration attorney and owner of Florida Immigration Law Firm. So today we have two major immigration stories and both could have significant consequences. First, the Department of Homeland Security has proposed a very new and high fee for certain H1B petitions. And when I say a new fee, we're not talking about like adding a few hundred dollars. We're talking about a proposed additional fee of $103,265. Yes, you heard that correctly. More than $100,000 for a single H1B petition. Then we're going to talk about another major development. The Trump administration is preparing to revoke certain B-1 business and B-2 tourist visas belonging to people who later applied for asylum in the United States. Reports indicate that this could potentially affect up to 200,000 people. So once more, there's a lot to unpack today. So let's get started. So this proposed H1B fee on August 24th, 2026, the Department of Homeland Security announced a proposal that would establish an additional $103,265 fee for H1B cap subject petitions, including persons eligible for the advanced degree exemption. The proposed fee would be paid when the H1B petition is filed, and it would be in addition to other applicable filing fees and payments. Now, before anybody panics, I want to emphasize one very important word: proposed. This is a proposed rule, is not currently a fee that every H1B employee uh employer has to pay today. And that's extremely important to understand because when immigration headlines contain numbers this large, like for a filing fee, people understand understandably become very concerned like rather quickly. So let's explain what is actually happening. So, what is an H1B visa? The H1B program allows qualifying US employers to employ foreign professionals in specialty occupations. These are generally positions requiring highly specialized knowledge and at least a bachelor's degree or its equivalent in a specific specialty related to the job. We frequently see H1B workers in fields such as technology, engineering, medicine, finance, science, education, and other professional occupations. There is generally an annual H1B cap of 65,000 plus an additional 20,000 spots available under the advanced degree exemption for qualifying individuals who earned a master's degree or higher from a U.S. institution. And demand has historically been greater than the number of H1Bs available. So where does this $103,265 proposed fee come from? According to Department of Homeland Security, or what we call DHS, the proposed fee is intended to recover part of the federal government's broader costs associated with administering the lawful immigration system. DHS identifies costs involving immigration benefit adjudications, fraud detection, national security vetting, modernizations of government systems, immigration court operations, consular visa processing, labor standards enforcement, and coordination among government agencies. DHS estimates that based upon approximately 85,000 cap subject H1B petitions annually, the proposed fee could generate approximately $8.8 billion per year. Now, that's an extraordinary amount of money, but it raises an obvious practical question. What happens to employers who cannot afford this additional $103,265 for one employee? Think about the small employer. Imagine you're a smaller tech company. You found an outstanding software engineer. That employee may be working for you already in another temporary immigration status, say OPT following a student visa. You want to sponsor that person for an H1B. And under this proposal, this new fee, if the petition is kept subject and the rule eventually becomes final as currently proposed, the employer could face an additional fee exceeding the $100,000. So for large multinational companies, that's a significant expense. For a small business or startup, it could potentially end the conversation entirely. Employers may simply decide we cannot afford to sponsor this employee. And that's one reason this proposal could have consequences beyond immigration law. It could also affect recruiting. International students graduating from American colleges, universities, uh, small businesses, startups, and foreign professionals trying to build careers in the United States. So would every H1B petition have this fee? No. This distinction is extremely important. This proposal concerns only CAP subject H1B petitions. According to DHS, the proposed additional fee would not apply to H 1B petitions that are not subject to the CAP, including certain petitions involving institutions of higher education, nonprofit research organizations, and governmental research organizations. So please don't hear $103,265 H1B fee and assume that every single H1B filing would automatically cost that amount. The details of the individual case and petition matter. And remember, this is not final. This may be the most important takeaway from this first story. As of this recording, this is just a proposed rule. There is a public comment process before DHS can move toward implementing a final rule, and the final version could potentially be changed. There may also be legal challenges if the government ultimately finalizes the rule. So if you're an employer or an H1B worker, don't make major decisions based only upon a headline you saw on social media. Pay attention to what actually becomes final. All right, let's switch gears here to story number two: possible mass revocation of B1 and B2 visas. Now let's turn to a development that could potentially affect a very different group of immigrants. According to reporting by the Associated Press and other news organizations, the Trump administration is preparing to revoke business and tourist visas belonging to foreigners who enter the United States as temporary visitors and later applied for asylum. The visas involved are generally B-1 business visas and B2 tourist visas. Reports indicate that as many as 200,000 people could potentially be affected. If implemented on that scale, the Associated Press reports that this could become the largest single mass visa revocation in United States history. So let's explain what this means. What is a B1 or a B2 visa? A B1 visa is generally associated with temporary business travel. A B2 visa is generally used for temporary tourism and certain personal visits. Many people receive a combined B1, B2 visa. So when someone applies for one of these visas, the basic idea is that the person intends to visit the United States temporarily and then leave. Asylum is completely different. An asylum applicant is essentially saying, I am afraid to return to my country because I believe I will face persecution based on the legally protected ground. So the government is focusing on people who originally obtained a temporary visitor visa but subsequently sought asylum. According to the State Department, it is coordinating with DHS to identify individuals who came to the United States claiming to be temporary visitors and later filed for asylum to remain here. Does applying for asylum automatically mean someone committed fraud? No, and this is where we have to be very careful here. Circumstances can change. Someone could, you know, happen, uh, something could happen after a person obtained a tourist visa. They came to the United States, but then political conditions and their country could completely change while they're here in the United States. The person could experience a threat or learn information that changes whether returning home is even safe. There can also be situations in which someone legitimately enters the United States temporarily, but then facts later develop a valid basis for seeking asylum. Every case has its own facts. So the simple fact that someone entered on a visitor visa and later applied for asylum does not by itself tell us the entire story of that person's immigration case. So does visa revocation meet immediate deportation? Not necessarily. This is another important distinction. The Associated Press reports that the planned visa revocations would not automatically result in immediate deportation. A visa, immigration status, asylum application, and removal proceedings are all related concepts, but they're not all the same thing. A visa is generally the document allowing the person to seek entry into the United States in a particular category. An asylum application is a separate request for protection, just to give you an explanation in simple terms. And removal from the United States generally generally involves its own legal procedures. And if you don't know what that means, a removal proceeding, you can listen to my podcast about uh what to expect if you're in immigration court and what to expect if you've lost your immigration case in court. That's why somebody affected by a visa revocation could should not assume either extreme. Don't automatically assume my visa was revoked, therefore I'm being deported tomorrow. But don't assume my asylum case is pending, so this doesn't matter. You need to understand exactly what happened in your individual case. So, what should asylum applicants do? Here's some practical tips. If you enter the United States and you used a B1, B2 or the combination B1, B2 visa and later filed for asylum, there is a this is a development you need to follow very closely. Here are some few practical points. First, do not ignore any government notices. If you receive correspondence from the Department of State, USCIS, DHS, or any immigration court, read it carefully and speak with an immigration attorney if you do not understand it. Second, keep your address updated with the appropriate immigration agencies and immigration court if applicable. Missing an important notice can cause serious problems. Third, do not make international travel plans without getting advice about your individual immigration situation. Visa revocation and international travel can create complicated issues, particularly when an asylum application or removal case is pending. And number four, keep copies of all your immigration records in a safe place and also scan them, upload them, and save them in a cloud file or what we call a digital file. Maybe email it to yourself. That includes your passport, old and new, visas, I-94 arrival departure records, asylum applications, or any immigration applications, USCIS receipts, immigration court documents, and any notices from any of the government agencies. And finally, please do not rely exclusively on TikTok, Facebook, WhatsApp, or rumors from friends or discussion boards. Immigration policy is changing much too quickly for you to have the full picture. So to sum things up, we put today the two stories together. There is a broader scheme. Clearly, the federal government is increasing scrutiny not only of undocumented immigration, but also to legal immigration programs and temporary visa categories. The H-1B proposal affects employment-based immigration. And the reported B1B2 revocation initiative potentially affects temporary visitors who subsequently sought humanitarian protection like asylum. Both developments demonstrate why immigrants and employers need to pay attention to changes even after a visa had already been issued or an immigration process has already started. Immigration law is not static. Rules can change, policies can change, fees can change, enforcement priorities can change, but that doesn't mean you should panic every time you see a headline. It means you should understand what is actually final, what is only proposed, and how a change specifically affects your situation. So the recap: DHS has proposed an additional $103,600, $265 fee for CAP subject H1B petitions, including petitions under the advanced degree exemption. The proposal is not final. Separately, the administration is reportedly preparing to revoke B1 and B2 visas for potentially up to 200,000 foreign nationals who sought asylum after obtaining temporary visa visitors. Temporary visitor visas. The second development is still unfolding regarding the temporary visitor visas, and anyone potentially affected should continue to watch closely for official notices and further government guidance. We'll continue following both stories because, as we said, immigration policies change rapidly in 2026. I'm Maria Aguila, the Florida Immigration Law Firm. We are here in Jacksonville, Florida. We satellite offices in Orlando in the Tampa State Pete area. You can find us at immigrationlawfla.com. Call our office at 904 385 9377. Thank you for listening to Immigration and Focus. Stay hopeful, stay informed, and I'll see you in the next episode.