DHS Proposes New $103,265 Fee for H-1B Cap-Subject Petitions

The Department of Homeland Security has proposed a new $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. The fee would be payable by the petitioner at the time of filing and would come on top of all other applicable fees or payments. This is a proposed rule, not yet final, with a public comment period closing September 24, 2026.

Key points

• The fee applies only to H-1B cap-subject petitions, including advanced degree exemption cases, not to cap-exempt filings.
• Petitioners (employers) would pay the fee at the time of filing the H-1B petition.
• The fee is additional to all other applicable fees, including any payment required under a presidential proclamation.
• DHS states that even if a petitioner owes both a proclamation-based payment and this new fee, both amounts must be paid.
• A related $100,000 payment under Proclamation 10973 was noted as vacated by a federal court in Massachusetts on June 8, 2026.
• DHS says the fee is meant to help recover immigration administration costs across USCIS, DOJ, DOS and DOL.

Who is affected

Employers filing H-1B cap-subject petitions and prospective H-1B workers are affected.

What to do