DHS Proposes Additional H-1B Fee of $103,265 for Cap-Subject Petitions
Current rules
The Department of Homeland Security (DHS) proposes to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. This proposed fee would be paid at the time of filing and would be in addition to all other applicable fees or payments.
Overview
The U.S. Department of Homeland Security (DHS) proposes an additional fee of $103,265 for all H-1B cap-subject petitions, including those for advanced degree exemptions. This new fee, intended to recover federal government costs for immigration system administration, would apply to employers filing such petitions and would be due at the time of filing. H-1B petitions not subject to the annual cap, such as those from certain non-profit or higher education institutions, are exempt from this proposed fee.
Who is affected by the latest change
- Employers who file H-1B cap-subject petitions
- Individuals who want H-1B status under the cap-subject group
- Individuals who want H-1B status under the advanced degree exemption
What changed in the latest version
Before
Before this proposal, H-1B petitions that count towards the annual limit, known as "cap-subject petitions", had to pay existing fees to US Citizenship and Immigration Services (USCIS). They did not include an extra $103,265 fee. This extra fee is specifically for recovering a broad range of federal government costs for the immigration system.
After
The Department of Homeland Security (DHS) proposes to create a new fee. This fee is $103,265 for all H-1B petitions that count towards the annual limit, known as "cap-subject petitions". This includes petitions for people with advanced university degrees. Employers must pay this proposed fee when they file the petition. It is in addition to all other fees or payments that apply.
This proposed fee greatly increases the financial cost for employers and people seeking H-1B visas that count towards the annual limit, known as "cap-subject visas". Employers who sponsor H-1B workers will have much higher costs to pay upfront. This could affect their decisions about hiring foreign workers and their budgets for foreign talent. People applying for visas that count towards the annual limit will face higher barriers to getting H-1B status. This is because their sponsors will have this extra financial burden. This change affects the application process. It introduces a new, large fee that employers must pay when they file the petition. This makes the first stage of applying more costly.
Explained simply
Imagine if applying for a special work permit, called an H-1B visa, suddenly got a lot more expensive. The government is suggesting adding a big extra fee of $103,265 on top of what companies already pay to bring in workers with these permits. They want this money to help cover all the costs of running the immigration system, like checking applications and making sure everything is fair and secure. If you're a company trying to hire someone with this type of permit, it would cost you a lot more money. If you're a person hoping to get one, it might make it harder for companies to afford to sponsor you. But, if a company is a special kind like a university or a research group, they might not have to pay this extra fee.
Frequently asked
Version history
- v10Issued 24 Aug 2026ProposalHigh impactDHS Proposes Additional H-1B Fee of $103,265 for Cap-Subject Petitions
The Department of Homeland Security (DHS) proposes a new fee. This fee is an extra $103,265 for all H-1B petitions that count towards the annual limit, known as "cap-subject petitions". This includes petitions for people with advanced university degrees. DHS announced this on 24 August 2026. Employers must pay this new fee when they file the petition. It is in addition to other existing fees. DHS expects this fee to raise about $8.8 billion each year. This money will help cover the US federal government's costs for managing the legal immigration system. This fee will apply to employers and people who file H-1B cap-subject petitions. Petitions that do not count towards the annual limit will not have to pay this fee. Examples include petitions from non-profit research organisations and universities.
Timeline
Announced
24 Aug 2026
The U.S. Department of Homeland Security (DHS) proposes an additional fee of $103,265 for all H-1B cap-subject petitions, including those for advanced degree exemptions. This new fee, intended to recover federal government costs for immigration system administration, would apply to employers filing such petitions and would be due at the time of filing. H-1B petitions not subject to the annual cap,
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