VERIFIED NEWS · EMPLOYMENT VISAS
DHS proposes a $103,265 additional fee for cap-subject H-1B petitions
DHS published a proposed rule that would require an additional $103,265 payment when an employer files a cap-subject H-1B petition. The proposal has not taken effect.
Editorial topic illustration. It does not depict a specific employer, worker, H-1B petition, registration, fee payment, workplace, or agency action.
What DHS is proposing
DHS proposes adding a standalone $103,265 fee to the USCIS fee regulation for every H-1B petition subject to the annual cap. The fee would be paid at the time the petition is filed and would be separate from existing Form I-129 filing charges and other applicable payments.
The proposal expressly includes cap-subject petitions for workers counted under the exemption for people with a qualifying U.S. master’s or higher degree. DHS says it is not proposing the new fee for cap-exempt H-1B petitions.
What the proposal does not change today
The August 25 publication is a request for public comment. It does not create a current $103,265 filing requirement, and the notice lists no effective date. DHS would have to complete the rulemaking process and publish a final action before the proposed regulatory fee could take effect.
The proposal also does not say that every H-1B petition would carry the new fee. Its text is limited to cap-subject petitions.
Why DHS says it proposed the fee
DHS says the fee would create dedicated revenue for costs associated with administering the lawful immigration system across USCIS and other federal agencies, including CBP, ICE, the State Department, the Labor Department, and DOJ’s immigration-court system.
Using an assumed 85,000 affected petitions per year, DHS projects approximately $8.78 billion in annual revenue or additional aggregate costs to petitioners. That projection is an agency estimate based on assumed filing volume, not money already collected.
Potential impact described by DHS
DHS acknowledges that some employers may file fewer cap-subject petitions if the rule is finalized. Its regulatory analysis says the proposal would have a significant economic impact on a substantial number of small entities that file initial cap-subject H-1B petitions.
The notice reports 28,649 unique cap-subject petitioning entities in fiscal year 2025. DHS classified 14,541 as small entities, 8,758 as non-small entities, and lacked enough data to classify 5,350. Those are historical agency figures queried in March 2026; they are not a current filing count.
Comment period
Written comments are due September 24, 2026, under DHS docket USCIS-2026-0298. The Federal Register notice says the electronic docket will accept comments until midnight Eastern time at the end of that date.
Primary federal sources
- Federal Register: “Fee for Certain H-1B Petitions” ↗ — proposed rule published August 25, 2026.
- USCIS: DHS Proposes Additional H-1B Fee ↗ — agency announcement dated August 24, 2026.
Corrections: We publish material corrections transparently and update the verification date. No corrections have been made to this article.