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ARTICLE · 26 AUGUST 2026

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

Jackson Lewis P.C.
Jackson Lewis P.C.
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Jackson Lewis P.C.

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The Department of Homeland Security (DHS) is expected to publish a proposed rule on Aug. 25, 2026, in the Federal Register that would impose a new $103,265 fee on all cap subject H-1B visa petitions. This new proposal would be in addition to existing H-1B filing fees

United StatesImmigration
Michael Neifach
Michael Neifach
Carolina Guiral Cuervo
Carolina Guiral Cuervo
Otieno Ombok
Otieno Ombok

The Department of Homeland Security (DHS) is expected to publish a proposed rule on Aug. 25, 2026, in the Federal Register that would impose a new $103,265 fee on all cap subject H-1B visa petitions. This new proposal would be in addition to existing H-1B filing fees. Employers who rely on the H-1B program to hire foreign workers in specialty occupations could be significantly impacted if the proposal is finalized.

How This Differs from Previous $100,000 Fee

A $100,000 fee was previously imposed through executive order in 2025. That fee applied only to H-1B workers seeking H-1B status through consular processing abroad. It did not apply to individuals who changed to H-1B status while already in the United States. A federal court struck down that fee in June 2026, and the court decision is being appealed.

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