DHS has proposed a new $103,265 fee for every H-1B cap-subject petition, payable when the petition is filed in addition to existing fees.
The notice of proposed rulemaking appeared in the Federal Register on August 25, 2026. The fee is intended to help recover a portion of federal government costs for administering the lawful immigration system, including work by DHS, DOJ, DOS, and DOL. It would apply to all cap-subject H-1B petitions, including those filed under the advanced degree exemption.
The proposed fee would not apply to H-1B petitions that are exempt from the annual cap, such as those filed by certain nonprofit research organizations, governmental research organizations, or institutions of higher education. DHS estimates the fee would generate roughly $8.8 billion each year based on an expected 85,000 cap-subject filings.
The public may submit written comments until September 24, 2026. Employers planning to file H-1B cap-subject petitions should review the proposal and consider submitting comments during the open period. This is one of several immigration news 2026 developments that could affect visa updates and future policy changes for employers and workers.