On August 24, 2026, the Department of Homeland Security (DHS) announced that it has issued a proposed rule to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced-degree exemption. The proposed fee would be paid at the time of filing and would be imposed in addition to all other applicable fees or payments, DHS said. A federal judge blocked a similar fee on new H-1B visas last June.
Under the proposed rule, the additional fee would not apply to H-1B petitions that are not subject to the cap, such as petitions filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education.
DHS estimates the proposed fee would generate approximately $8.8 billion annually, based on a projected annual volume of 85,000 H-1B cap-subject petitions. Commenters warned of potential far-reaching effects. Doug Rand, a senior official for U.S. Citizenship and Immigration Services under the Biden administration, said, “It’s much bigger in scope” than the previously proposed fee. “This regulation, if enacted, would have catastrophic effects on America’s global talent pipeline.”
Comments must be submitted by September 24, 2026.
