The U.S. Department of Homeland Security, through USCIS, has proposed an additional $103,265 fee for H-1B petitions that are subject to the annual statutory cap, including petitions eligible under the advanced-degree exemption. The proposed fee would be payable at the time of filing and would apply in addition to the existing H-1B filing fees. DHS has indicated that the measure is intended to support the broader cost of immigration-benefit adjudication, fraud detection, national-security screening, technology modernization, fee collection, consular processing, labor enforcement, and related interagency activities. As the proposal currently stands, it is not yet final and therefore does not impose an immediate filing obligation on employers or petitioners.

The proposed rule is significant because it could materially increase the cost of sponsoring foreign national employees under the H-1B cap process. DHS estimates that approximately 85,000 H-1B cap-subject petitions may be affected annually, which could generate nearly $8.8 billion in additional revenue if the rule is finalized as proposed. The fee would not apply to H-1B petitions that are cap-exempt, including petitions filed by qualifying institutions and organizations that are outside the annual numerical cap. This distinction is important for employers when assessing whether the proposal would affect their future immigration planning, budgeting, and sponsorship decisions.

If finalized, the additional fee could have a substantial impact on law firms, corporate employers, start-ups, and individual applicants relying on H-1B sponsorship. Employers may need to revisit hiring budgets, workforce timelines, sponsorship strategy, and overall immigration compliance planning before proceeding with new cap-subject filings. Since the proposal remains open for public comment, stakeholders have an opportunity to review the rule and submit written comments on or before September 24, 2026. Until DHS issues a final rule and confirms an effective date, parties should continue to follow existing USCIS requirements while closely monitoring further regulatory developments.

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DHS Proposes Additional H-1B Fee | USCIS

Federal Register :: Fee for Certain H-1B Petitions