ARTICLE · 22 SEPTEMBER 2026
New H1B Visa Fee Proposal: Who Would Pay $103,265?
The U.S. Department of Homeland Security has proposed a $103,265 fee for cap-subject H-1B petitions, potentially transforming the economics of foreign worker sponsorship. This comprehensive analysis examines who would pay this substantial charge, when it would apply, its legal foundation compared to the previously challenged $100,000 rule, and the potential court challenges that could determine whether federal agencies can impose six-figure fees on employers to fund broader immigration system costs.
Executive Summary
The U.S. Department of Homeland Security (DHS) has proposed a significant change to the H-1B visa program: a $103,265 fee for employers filing cap-subject H-1B petitions. This fee would apply only after a worker is selected in the lottery and the employer files the petition. The proposal has sparked attention due to its potential impact on U.S. employers, foreign workers, and the broader labor market. As of now, the fee is not in effect, and the public comment period is open until September 24, 2026. Employers should evaluate the financial implications if the rule becomes final.
The U.S. Department of Homeland Security (DHS) has proposed one of the most significant financial changes to the H-1B visa program in recent years: a $103,265 H1B visa fee that employers would pay only if they file an actual cap-subject H-1B petition with USCIS after a worker is selected in the lottery. Under a proposed rule published in the Federal Register on August 25, 2026, employers
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