DHS Proposes $103K Fee for All H-1B Cap-Subject Petitions
DHS proposes a $103,265 fee on all H-1B cap-subject petitions starting soon.
Why it matters: Why it matters: This fee could significantly increase immigration costs for corporations and law firms, impacting filing strategies and budgets around H-1B petitions.
- The $103,265 fee applies to all H-1B petitions subject to the annual 85,000 visa cap.
- Cap-exempt petitions, including those from universities and nonprofits, are excluded.
- The fee aims to fund DHS and other federal immigration-related agency costs.
- Public comments on the proposal are open until September 24, 2026.
On August 25, 2026, the Department of Homeland Security (DHS) issued a proposed rule to impose a new $103,265 fee on virtually all H-1B cap-subject petitions. This includes petitions filed under the standard 65,000 regular cap and the additional 20,000 advanced degree exemption.
Notably, cap-exempt petitions, such as those submitted by universities and nonprofit research organizations, would not be subject to this proposed fee, potentially preserving lower costs for some petitioners.
The stated purpose of the fee is to generate revenue to support the costs of administering the U.S. immigration system. According to DHS, "This fee would serve as a dedicated revenue mechanism to help recover a portion of the federal government’s costs of administering the lawful immigration system, including activities carried out by DHS, the U.S. Department of State, and the U.S. Department of Labor."
This rule is open for public comment until September 24, 2026, inviting stakeholders to weigh in before DHS considers finalizing the fee.
This latest proposal follows an earlier effort during the Trump administration that sought to impose a similar $100,000 fee via presidential proclamation, which was struck down by a federal court in June 2026. The current proposal seeks to establish this fee through formal rulemaking, reflecting a different legal pathway.
Legal counsel, corporate immigration teams, and policy experts will need to monitor the public comment period and prepare for how this substantial fee might reshape H-1B petition strategies and overall corporate immigration spending.
By the numbers:
- $103,265 — proposed fee per H-1B cap-subject petition
- 85,000 — total annual H-1B visas available across regular and advanced degree caps
- September 24, 2026 — deadline for public comments on the proposal
Yes, but: It remains uncertain whether DHS will finalize this rule or face new legal challenges similar to those that overturned the previous fee attempt.
What's next: The public comment period closes September 24, 2026, after which DHS will review input and consider finalizing the fee rule.