DHS Proposes $103,265 Fee for H-1B Cap Petitions
You are counting on your employer to file your H-1B petition next spring — and then you see the number: $103,265. That is the new fee DHS is proposing to add to every cap-subject H-1B petition, on top of all existing costs. If this rule takes effect, it could shut thousands of workers out of the U.S. job market entirely.
You are an employer planning to sponsor a skilled worker on an H-1B visa, and you already know the filing costs are steep. Now imagine adding $103,265 on top of everything else — per petition. That is exactly what the Department of Homeland Security (DHS) is now proposing.
What DHS Is Proposing
DHS has put forward a new fee of $103,265 for all H-1B cap-subject petitions — the annual lottery-based filings that most employers use to hire foreign workers. This fee would apply even to petitions that qualify for the advanced degree exemption, which currently gives U.S. master's degree holders a better shot in the lottery. The proposed fee would come on top of all existing fees, including the standard I-129 (the petition for a nonimmigrant worker) filing fee of $730.
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DHS says the money would fund the broader cost of running the legal immigration system — not just USCIS, but also the Department of Justice (DOJ), the Department of State (DOS), and the Department of Labor (DOL). In other words, employers who file H-1B petitions would be subsidizing immigration operations across multiple federal agencies.
If adopted, this would be one of the largest single fee increases in the history of the H-1B program. For small and mid-size businesses, a six-figure fee per petition could make hiring international talent financially impossible. For workers already in H-1B status planning an H-1B extension in 2026, the proposal raises serious questions about whether their employers will continue to sponsor them.
What to Do
- If your employer sponsors your H-1B, share this proposal with your HR or legal team now — they need to plan for potential cost increases.
- Check whether your petition falls under the H-1B cap. Cap-exempt employers (certain nonprofits, universities, and research institutions) may not be affected by this fee.
- If you are in H-1B status and worried about your employer's ability to pay, consult an immigration lawyer to understand your options, including cap-exempt transfers.
- Follow the DHS Federal Register page for updates on the comment period and any final rule publication date.
What to do, step by step — see our guide “Work Permits (EAD)”.
Fishkin Law Firm, New York
This proposal, if finalized, would fundamentally change who can access the H-1B program — only large corporations with deep pockets could realistically absorb a $103,265 per-petition fee. Workers whose employers are on the fence about renewal should request a written commitment now, before any rule takes effect. If your employer signals hesitation, you have options: cap-exempt employers like universities and nonprofits are not subject to this fee, and a transfer to one of them would not require a new lottery entry. Talk to an immigration attorney before your current H-1B status expires.
Frequently Asked Questions
Does this $103,265 fee apply to H-1B extensions too?
Based on the DHS proposal, the fee targets cap-subject petitions — meaning new H-1B filings that go through the annual lottery. Extensions for workers already in H-1B status are generally cap-exempt and may not be affected, but you should confirm with an immigration attorney once the final rule is published.
Is this fee already in effect?
No. DHS has proposed this fee, but it is not yet law. It must go through a formal rulemaking process, which typically includes a public comment period before any final rule takes effect.
Who pays this fee — the employer or the worker?
Under existing H-1B rules, certain fees must be paid by the employer, not the worker. Lawyers generally advise that workers should not pay fees that are legally the employer's responsibility, as doing so can create compliance problems.
What if my employer says they cannot afford the new fee?
You may be able to transfer to a cap-exempt employer — such as a university, nonprofit research organization, or government research institution — without entering the lottery again. An immigration attorney can review your situation and help you explore that path before your current status expires.