ARTICLE · 23 SEPTEMBER 2026
Proposed Significant Fee Increase For H-1B Cap Petitions
The Department of Homeland Security has proposed a new $103,265 filing fee for every H-1B petition subject to the annual statutory cap, which would be in addition to all existing USCIS fees and could bring total costs above $110,000 per petition. This proposed rule, separate from the $100,000 Presidential Proclamation fee currently under litigation, would apply to both the regular 65,000 cap and the 20,000 advanced degree exemption, while exempting cap-exempt institutions, extensions, amendments
Key Takeaway
If adopted, the proposed $103,265-per-petition fee would represent a significant new cost for employers sponsoring cap-subject H-1B workers. Employers concerned about this additional cost should consider submitting a comment regarding the proposed fee. Public comments must be received by September 24, 2026, and must be submitted through regulations.gov under DHS Docket No. USCIS-2026-0298.
Overview
On August 25, 2026, U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS), published a Notice of Proposed Rulemaking (Proposed Rule) in the Federal Register that would impose a new fee of $103,265 on every H-1B petition that is subject to the annual statutory cap. The fee would apply to both the regular 65,000 cap and the 20,000 advanced degree (“master’s cap”) exemption. If finalized, the new $103,265 USCIS filing fee would be in addition toall existing USCIS filing fees – potentially bringing the total cost of a
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