DHS Proposes New $103,265 Fee for H-1B Cap-Subject Petitions
Published Aug 24, 2026
The Department of Homeland Security has proposed a rule that would add a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. The fee would be paid by the petitioning employer at the time of filing, on top of all other required fees.
Key points
- DHS proposes a new $103,265 fee for all H-1B cap-subject petitions.
- The fee would be paid by the employer at the time of filing, in addition to all existing fees.
- DHS says the fee would help fund immigration system costs such as adjudication, fraud detection, national security vetting and systems modernization, and estimates it would generate about $8.8 billion a year based on 85,000 cap-subject petitions annually.
- The fee would not apply to H-1B petitions exempt from the annual cap, such as those filed by certain nonprofit research organizations, governmental research organizations and institutions of higher education.
- The annual H-1B cap remains unchanged at 65,000 regular visas plus 20,000 for holders of a master's degree or higher from a U.S. institution.
- This is only a proposed rule, not final or in effect, and the source does not state a comment deadline.
Who is affected
Employers planning to file H-1B cap-subject petitions and workers seeking cap-subject H-1B status.
What to do
Employers and stakeholders should watch for the official Federal Register publication and comment period before the rule becomes final.
Full text
The complete official text was archived on this site on 2026-10-12. It stays available here even if the source link changes or is removed.
Release Date
08/24/2026
WASHINGTON— The Department of Homeland Security (DHS) is proposing to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. The proposed fee would be paid at the time of filing and would be imposed in addition to all other applicable fees or payments.
The proposed fee would generate revenue to recover a portion of the federal government’s costs for administering the lawful immigration system. These costs include adjudication of immigration benefits, fraud detection and national security vetting, systems modernization, records and fee collection operations, immigration court operations, consular visa processing, labor standards enforcement, and interagency coordination. DHS estimates the proposed fee would generate approximately $8.8 billion annually, based on a projected annual volume of 85,000 H-1B cap-subject petitions.
“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,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler.
Under the proposed rule, the additional fee would not apply to H-1B petitions that are not subject to the cap, such as petitions filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education. The number of cap-subject H-1B visas (or grants of status) issued annually is limited to 65,000, with an additional 20,000 for aliens who have earned a master’s or higher degree from a U.S. institution of higher education.
For more information, see the notice of proposed rulemaking.
For more information on USCIS and its programs, please visit uscis.gov or follow us on X, Instagram, YouTube, Facebook, and LinkedIn.
08/24/2026
Original title: DHS Proposes Additional H-1B Fee
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This summary was produced with AI from the official announcement. Only the official source is authoritative.