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

On August 25, 2026, the Department of Homeland Security (DHS) proposed a $103,265 fee on all 85,000 annual H-1B cap-subject petitions, whether the worker is inside or outside of the U.S. This proposed fee would be paid at the time of filing the H-1B cap-subject petition and would be in addition to the other applicable fees. However, the fee would not apply to H-1B cap-exempt petitions, such as petitions filed by certain nonprofit research organizations, governmental research organizations, and higher education institutions. 

Importantly, this proposed rule is still in the initial stages of the rulemaking process, and has not yet been finalized. If finalized, this rule is should not have any impact prior to March 2027’s H-1B Cap Lottery for Fiscal Year 2028 and is highly likely to encounter numerous legal challenges which could further delay or pause any implementation.