Immigration & Visas · Notice
DHS proposes a $103,265 fee on H-1B cap petitions
A proposed rule would add a $103,265 fee to every cap-subject H-1B petition, on top of existing fees and separate from the $100,000 proclamation payment. Universities and research employers would not pay it. Comments close September 24, 2026.
The Department of Homeland Security has proposed a new fee of $103,265 on H-1B petitions that count against the annual cap. It would be paid when the petition is filed, it would apply to petitions under the 20,000 advanced-degree exemption as well as the 65,000 regular cap, and it would come on top of every other H-1B fee. Nothing has changed yet. This is a notice of proposed rulemaking, published in the Federal Register on August 25, 2026, and the public has until September 24 to comment.
What the proposal says
The fee would be added to USCIS's fee regulations at 8 CFR 106.2, as an additional fee required for all H-1B cap-subject petitions. DHS describes it as a dedicated revenue mechanism to help recover part of the federal government's cost of running the lawful immigration system, and the costs it has in mind go beyond USCIS: the proposal lists work carried out by USCIS, Customs and Border Protection, Immigration and Customs Enforcement, the immigration courts, the State Department and the Labor Department, and gives immigration court proceedings, consular visa processing and labor standards enforcement as examples.
The figure comes from one division. DHS puts the costs it wants to recover at $8,777,488,035 and the number of fee-paying petitions at 85,000 a year, the 65,000 regular cap plus the 20,000 exemption. That comes to $103,264.57, which DHS rounds to the nearest $5.
The proposal applies it to all cap-subject petitions, including those filed by small employers and nonprofits. It also argues a second effect beyond revenue: that employers facing the extra fee would be less likely to hire an H-1B worker over a qualified American worker.
Who would not pay it
Petitions outside the cap. DHS proposes not to charge the fee on cap-exempt petitions, noting that many cap-exempt H-1B workers are employed by nonprofit research organizations, government research organizations and educational institutions. The proposal's own list of exempt petitions covers employment at an institution of higher education or a related or affiliated nonprofit, and at a nonprofit or government research organization. It also describes as exempt most petitions for workers already counted against the cap who change jobs or extend their stay within their six-year period of H-1B admission.
How it relates to the $100,000 payment
The proposed fee is not the $100,000 payment set by Proclamation 10973, which President Trump signed on September 19, 2025 to restrict the entry of certain nonimmigrant workers. The proposal says its fee would be separate from that payment and rests on different legal authority, and that a petitioner subject to both would have to pay both.
The proposal also records that on June 8, 2026 the federal district court in Massachusetts vacated the agency guidance implementing the $100,000 payment, in California v. Mullin, and that the government appealed on June 11.
When it would take effect
The proposal sets no date. A fee in a proposed rule is charged only after DHS reviews the comments and publishes a final rule, which can differ from the proposal. DHS writes that Proclamation 10973, unless it is extended, will expire before the proposed fee takes effect.
Both H-1B caps for fiscal year 2027 have already been reached, and how the H-1B lottery and cap work explains which petitions count against them.
The September 10 correction
DHS published a correction on September 10, 2026. It replaces Table 13 in the economic analysis, which counts H-1B petition receipts for fiscal years 2021 to 2025. It does not change the fee or the comment deadline.
How to comment
Comments go through the federal eRulemaking portal under docket USCIS-2026-0298, and the portal accepts them until midnight Eastern time at the end of September 24, 2026. DHS says comments sent another way, including emails or letters to DHS or USCIS officials, will not be considered, and that it cannot accept comments delivered by hand or courier.
This is the second proposal in a month aimed at H-1B workers and their employers. The other, published on September 11, would end the 60-day grace period after a job ends; its comments run to November 10. The current state of this year's cap is on the H-1B tracker.
What to do
- Nothing is charged yet. The fee exists only as a proposal, and a final rule would have to be published before any petition pays it. federalregister.gov
- To comment, use docket USCIS-2026-0298 on regulations.gov before midnight Eastern time at the end of September 24, 2026. DHS says emailed or mailed comments will not be considered. regulations.gov
- Employers planning cap-subject filings should check which of their petitions count against the cap; cap-exempt petitions would not pay the fee.
Questions readers ask
- How much is the proposed H-1B fee?
- $103,265, paid when the petition is filed, on every H-1B cap-subject petition, including petitions under the 20,000 advanced-degree exemption. It would come on top of all other H-1B fees. DHS reached the figure by dividing $8,777,488,035 of costs it wants to recover by 85,000 fee-paying petitions a year, the 65,000 regular cap plus the 20,000 exemption, and rounding to the nearest $5.
- Is this the same as the $100,000 H-1B fee?
- No. The $100,000 payment comes from Proclamation 10973 of September 19, 2025. The proposed rule says its fee would be separate, rests on different legal authority, and that a petitioner subject to both would pay both. The rule also notes that a federal court in Massachusetts vacated the agency guidance implementing the $100,000 payment on June 8, 2026, and that the government appealed on June 11.
- Would universities pay the proposed H-1B fee?
- No. DHS proposes not to charge it on cap-exempt petitions, which include petitions for employment at institutions of higher education and their related or affiliated nonprofits, and at nonprofit and government research organizations.
- When would the fee start?
- The proposal sets no date. It would take effect only after DHS reviews the comments and publishes a final rule. The rule says Proclamation 10973, unless extended, will expire before the proposed fee takes effect.
- What did the September 10 correction change?
- It replaced Table 13 in the economic analysis, which counts H-1B petition receipts for fiscal years 2021 to 2025. The fee and the comment deadline are unchanged.
Filed under: H-1B cap and registration: FY 2027
Mentioned:U.S. Citizenship and Immigration ServicesH-1B visa
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Written by Mirza Seraj Baig · Checked against the documents in the source card (editorial standards).