DHS Proposes $103,265 Fee for H-1B Cap Petitions
DHS is proposing to add $103,265 to the cost of every cap-subject H-1B petition — a fee that would hit most for-profit employers who sponsor foreign workers. That is on top of every other H-1B fee already required. The proposal is not yet law, but if finalized, it would reshape who can realistically afford to hire through the H-1B lottery.
DHS is proposing a $103,265 fee on every H-1B cap-subject petition filed in the US. The fee would come on top of all existing H-1B fees — including the current $730 I-129 filing fee — and would be paid at the time of filing. If finalized, it would apply to both the regular 65,000-visa cap and the 20,000 slots reserved for workers with a US master's degree or higher.
Why DHS says it needs the money
USCIS spokesperson Zach Kahler said the fee is meant to recover costs the federal government already pays to run the legal immigration system — costs that currently fall on taxpayers. Those costs include reviewing petitions, fraud detection, national security checks, immigration court operations, consular visa processing, and labor enforcement. DHS estimates the fee would bring in about $8.8 billion per year, based on roughly 85,000 cap-subject petitions filed annually.
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Who would NOT pay this fee
The proposed fee would not apply to H-1B petitions that are cap-exempt. That means employers like certain nonprofit research organizations, government research organizations, and universities would not owe the extra $103,265. Only petitions competing in the annual H-1B lottery — the cap-subject ones — would be affected.
What to do
- Check whether your employer files cap-subject or cap-exempt H-1B petitions. If you work for a university, government research lab, or qualifying nonprofit, this proposed fee likely would not apply to you.
- Read the official Notice of Proposed Rulemaking on the Federal Register. A proposed rule is not yet final — there is a public comment period before any fee takes effect.
- Talk to an immigration lawyer about how this proposal could affect your H-1B extension or new petition plans, especially if your employer is a for-profit company.
- Follow USCIS announcements at uscis.gov for updates on when — and whether — this rule becomes final.
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At $103,265 per petition, many small and mid-size employers may simply stop sponsoring H-1B workers — which makes it critical for current H-1B holders to understand whether their employer would still file on their behalf if this rule is finalized. Workers whose status depends on an upcoming cap-subject petition should ask their employer now about contingency plans. Consult an immigration attorney to review your specific situation before the rule moves forward.
Frequently Asked Questions
Is the $103,265 H-1B fee already in effect?
No. As of August 24, 2026, this is a proposed rule only. DHS has published a Notice of Proposed Rulemaking, which means there is a public comment period before any fee can take effect. Nothing changes until a final rule is published.
Would this fee apply to H-1B extensions, or only new petitions?
The proposal applies to all cap-subject H-1B petitions. H-1B extensions filed by the same employer are generally cap-exempt, so they would likely not be subject to this fee. However, if you are changing employers and need to enter the lottery again, that petition would be cap-subject.
My employer is a university. Would they have to pay this fee?
Probably not. The proposed fee would not apply to cap-exempt employers, which include institutions of higher education, qualifying nonprofit research organizations, and government research organizations. Check with your employer's HR or immigration attorney to confirm your specific situation.
Can I or my employer fight this proposal?
Yes. During the public comment period, anyone — including workers, employers, and advocacy groups — can submit formal comments to DHS. Those comments become part of the official record and DHS must consider them before issuing a final rule. An immigration attorney can help you or your employer draft an effective comment.