The Department of Homeland Security wants employers to pay $103,265 for every new H-1B visa fee proposal petition filed under the annual cap. DHS published the proposed rule in the Federal Register on August 25, 2026. It would apply on top of every other filing fee already in place.
What the H-1B Visa Fee Proposal Actually Says
The rule targets cap-subject H-1B petitions only. That includes petitions filed under the regular 65,000 cap and the 20,000-slot advanced-degree exemption. Employers would pay the fee at the time of filing, not after approval.
Cap-exempt filers are spared. Universities, nonprofit research organizations, and government research bodies would not owe the new charge. Extensions, amendments, and transfers to a new employer for someone already in H-1B status are also excluded.
Why DHS Picked This Number
DHS says the fee funds part of the government’s cost of running the legal immigration system. That includes work done by USCIS, the Department of Justice, the State Department, and the Department of Labor. The agency frames it as a cost-recovery measure, not a cap on H-1B numbers.
The figure also has a legal backstory. A separate $100,000 H-1B fee, imposed by presidential proclamation, is currently the subject of active litigation. A federal court called that fee unlawful in July but left it in place while the government appeals. This proposed rule would achieve a similar result through formal notice-and-comment rulemaking instead of a proclamation, which gives it a different legal footing than the proclamation being challenged in court.
The Comment Deadline Employers Need
Written comments are due by September 24, 2026. Submissions go through Regulations.gov under docket number USCIS-2026-0298. The rule is not in effect yet, and current or pending H-1B petitions do not owe the fee.
Employers and immigration attorneys are already filing comments. Trade groups representing tech, healthcare, and university-adjacent employers have flagged the fee as a barrier for mid-size companies that rely on H-1B hiring but lack the budget of larger firms.
A short comment period like this one leaves little time for a full policy debate. Employers who want the final rule to look different from the proposal need to submit specific, documented objections before the September 24 cutoff, rather than general opposition.
Who Actually Absorbs a $103,265 Fee
Large tech employers can likely spread the cost across a big hiring budget. Smaller companies face a harder choice. A single H-1B hire at $103,265 in government fees alone can rival the salary of the role being filled, before legal costs, relocation, or the base filing fees USCIS already charges.
Universities and hospitals watched this proposal closely too, even though most of their petitions are cap-exempt. Teaching hospitals that also sponsor cap-subject roles for certain positions could still face the new charge, and industry groups asked DHS to clarify the exemption’s exact boundaries in their comments.
Staffing and consulting firms that place H-1B workers with client companies raised a separate concern. Several told DHS the fee could push some clients to shift roles offshore entirely rather than sponsor a visa at this cost.
How This Fits the Bigger H-1B Picture in 2026
This year already reshaped who wins an H-1B slot. USCIS moved the annual lottery to a weighted selection system that favors higher-paid roles, replacing the old random draw. A new filing fee layered on top pushes the program further toward employers who can afford both a high salary and a six-figure government charge.
Immigration lawyers describe the combined effect as a shift from “who wins the lottery” to “who can afford to enter it.” Startups and mid-size firms that once relied on H-1B talent for early hires may need to rethink their hiring plans for the FY2028 cap season if this rule is finalized as proposed.
What Comes Next for H-1B Employers
DHS must review public comments before issuing a final rule. That process typically takes weeks to months, and the agency can revise the fee amount or scope before finalizing it. Employers planning for the FY2028 H-1B cap season should watch for a final rule before budgeting hiring costs.
Companies already navigating the H-1B lottery’s weighted selection system now face a second cost variable layered on top of selection odds. Both changes push toward the same outcome: higher-wage, higher-budget roles have an easier path through the H-1B system than they did two years ago.
Frequently Asked Questions
Does the $103,265 fee apply to my current H-1B visa?
No. The proposed fee only applies to new cap-subject petitions filed after the rule takes effect, not to extensions, amendments, or transfers of existing status.
Is the fee final yet?
No. It is a proposed rule with a public comment period running through September 24, 2026. DHS can revise or finalize it after reviewing comments.
Who is exempt from the fee?
Cap-exempt petitions filed by universities, nonprofit research organizations, and government research organizations are not covered by the proposal.
How does this relate to the earlier $100,000 H-1B fee?
That fee came from a presidential proclamation now facing a legal challenge. This new $103,265 figure comes through separate rulemaking, giving DHS a second route to a similar outcome.
Related Coverage on Tamara News
- The US Just Rewired the H-1B Lottery for Higher Earners
- A Court Called the $100,000 H-1B Fee Unlawful — It’s Still in Effect
