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

What happened

On August 25, 2026, the Department of Homeland Security published a proposed rule, “Fee for Certain H-1B Petitions”, in the Federal Register. It would set a new $103,265 fee for every H-1B cap-subject petition, paid when the petition is filed and charged on top of all other fees.

DHS says the fee would help recover part of the federal government’s cost of running the legal immigration system, including work by DHS, the Department of Justice, the State Department and the Department of Labor. The comment period closed on September 24, 2026. The proposal is not in effect.

Who is affected

The fee would apply to:

• petitions under the regular 65,000 H-1B cap, and
• petitions under the 20,000 US master’s degree cap (the advanced degree exemption).

It would not apply to cap-exempt petitions, such as those filed by universities, nonprofit research organizations and government research organizations. DHS says this matches how it already treats those employers for the Asylum Program Fee.

The proposal is separate from the $100,000 payment under Proclamation 10973. DHS says it rests on different legal authority. If an employer were subject to both, it would have to pay both. Courts have blocked the $100,000 payment; see our H-1B $100,000 fee tracker.

What it means for your move

For most people, the H-1B is the bridge from study or a job offer to an employer-sponsored green card. A fee of this size would fall on the employer at the cap petition stage. If finalized, it could reduce the number of employers willing to sponsor new H-1B workers, especially for entry-level roles. It sits alongside the wage-weighted H-1B lottery, which already favors higher-paid offers.

Workers who already hold H-1B status and are extending, amending or changing employers are generally not cap-subject, so the fee as proposed would not apply to them. Cap-exempt jobs would not be covered.

What to do now

• Nothing changes yet. Current H-1B fees on Form G-1055 still apply.
• Employers planning cap registrations should budget for the possibility of a final rule and watch the Federal Register.
• F-1 students should talk with prospective employers early about sponsorship and consider cap-exempt employers or other routes, such as O-1, where they qualify. Our H-1B process guide explains the steps.
• Get advice from a licensed immigration attorney before making job decisions based on this proposal.

What happens next

DHS must review public comments before publishing a final rule, which would set the effective date. No final rule had been published as of October 11, 2026. We will update this report when that changes. Follow the US country page and the updates tracker.