All immigration news
H-1B ·
DHS proposes a $103,265 fee on every H-1B cap petition
On August 25, 2026, the Department of Homeland Security published a proposed rule that would add a $103,265 fee to every cap-subject H-1B petition, on top of existing fees. It would apply to petitions under the 65,000 regular cap and the 20,000 advanced-degree exemption. The rule is a proposal and is not in effect.
Confirmed
- The fee would be paid at filing, on top of existing fees, for petitions under the 65,000 regular cap and the 20,000 advanced-degree exemption.
- It would not apply to cap-exempt petitions, such as those from universities and nonprofit research organizations, or to extensions, amendments, and transfers for workers already counted against the cap.
- DHS expects about 85,000 cap-subject petitions a year, which would raise about $8.8 billion annually.
- Public comments closed on September 24, 2026 (docket USCIS-2026-0298).
Still unclear
- Whether DHS will finalize the fee, and whether it would apply to the FY2028 cap season that starts in March 2027.
- Whether courts will allow it, since the similar $100,000 proclamation payment has been blocked.
Key dates
- Proposed rule published in the Federal Register
- Public comment period closes