New H-1B Fee Rule Proposed for Cap-Subject Petitions
25 August 2026
On Tuesday, August 25, DHS published a proposed rule in the Federal Register that seeks to establish a fee of $103,265, imposed on top of all current fees, for new, initial H-1B cap-subject petitions. All cap-subject petitions, regardless of size or non-profit status of the employer, would be subject to the new fee; cap-exempt petitions - including those filed by colleges and universities, would NOT be subject to the new fee. The fee does not appear to apply to extensions or changes of employer if cap-exempt or already counted against the cap. DHS claims that the fee is needed to cover the costs of administering the U.S. immigration system, across multiple agencies.
Read the proposed rule here. Comments can be submitted through the eRulemaking Portal using Docket No. USCIS-2026-0298. Comment period is 30 days only and must be submitted on or before midnight eastern time on September 24. Guidance and instructions for submitting comments are available here.
