DHS Proposes Additional $103,265 H-1B Fee on All New Cap-Subject Cases

On August 24, 2026, the Department of Homeland Security (DHS) proposed establishing a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. The number of cap-subject H-1B visas (or grants of status) issued annually is limited to 65,000, with an additional 20,000 for aliens who have earned a master’s or higher degree from a U.S. institution of higher education.

The proposed fee would be paid at the time of filing, and would be in addition to all other applicable fees or payments.

Under the proposed rule, the additional fee would not apply to H-1B petitions that are not subject to the cap. Non-cap-subject H-1B petitions include those filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education. 

The proposed rule is expected to be published in the Federal Register on August 25, 2026 for a 30-day period soliciting questions and comments. The full notice of proposed rulemaking is currently available.