On August 25, 2026, the Department of Homeland Security (DHS) is scheduled to publish a proposed rule in the Federal Register that would impose a new $103,265 H-1B fee on every H-1B cap-subject petition. This is a separate and, at this stage, entirely distinct development from the $100,000 fee imposed under Presidential Proclamation 10973, which we addressed in our earlier alerts, Presidential Proclamation on New $100,000 H-1B Fee and August 2026: $100,000 H-1B Fee Blocked Again.
Employers who sponsor H-1B workers should understand that this proposed $103,265 H-1B fee, if adopted, would apply in addition to all other required USCIS filing fees, regardless of how the litigation over the proclamation-based fee is ultimately resolved. Because this is only a proposed rule, DHS has not set an effective date, and the $103,265 fee is not currently in effect. Public comments on the proposed rule are due 30 days after Federal Register publication, which we expect to fall around September 24,
