The Department of Homeland Security has published a proposed rule that would establish a new $103,265 fee for all H-1B petitions subject to the annual cap, including petitions filed under the advanced-degree exemption. The fee would be imposed in addition to all existing H-1B filing fees but would not apply to cap-exempt H-1B petitions.
If finalized, the proposal would fundamentally change the economics of H-1B sponsorship and will force employers that rely on H-1B workers to reassess their recruiting strategies, workforce planning, and immigration budgets. DHS said that the fee would recover some of the federal government’s costs of administering the immigration system.
The proposal follows a September 2025 presidential proclamation that imposed a separate $100,000 payment requirement on specified new H-1B petitions for beneficiaries outside the United States. In June 2026, a federal court vacated the agency guidance implementing that requirement, and that payment is not being enforced while litigation continues.
Employers that employ H-1B workers should consider submitting comments to DHS by September 24.
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