# DHS Proposes a $103,265 Fee on Every H-1B Cap-Subject Petition

> A DHS proposed rule would add a $103,265 fee to every H-1B cap-subject petition, on top of all other fees. Who would pay, what is exempt, and what is next.

- Source: https://carlosmaury.law/news/dhs-proposes-103265-fee-h-1b-cap-petitions
- Author: Carlos Maury Law
- Published: 2026-08-25
- Topics: H-1B fee proposed rule, $103, 265 H-1B fee, H-1B cap-subject petition fee, fee for certain H-1B petitions, H-1B employer costs 2026

On **August 25, 2026**, the Department of Homeland Security published a **proposed rule** that would add a new **$103,265 fee** to every **H-1B cap-subject petition**. The fee would be paid when the petition is filed, and it would come **on top of all other H-1B fees and payments**. This is a proposal, not a final rule: nothing changes for employers until DHS issues a final rule.

This is general information about a proposed rule, not legal advice. The source is the Federal Register notice **[Fee for Certain H-1B Petitions](https://www.federalregister.gov/documents/2026/08/25/2026-17324/fee-for-certain-h-1b-petitions)** (document 2026-17324, 91 FR 54817; DHS Docket No. USCIS-2026-0298).

## What DHS proposed

DHS, through U.S. Citizenship and Immigration Services (USCIS), proposes a new line in the USCIS fee schedule at **8 CFR 106.2**. It would require an additional fee of **$103,265** for:

- **all H-1B cap-subject petitions**, and
- petitions that qualify for the **advanced-degree exemption** (the extra 20,000 visas for workers with a U.S. master's degree or higher).

DHS chose to make this a **separate fee**, rather than raising the existing H-1B petition fee, so the money can be tracked and reported on its own. It would be charged **in addition to** every other fee or payment that applies to the petition.

## Who would pay it

The petitioning **employer**. The rule describes it as a fee "that the employer must pay USCIS." DHS says it chose H-1B cap-subject petitioners because it believes they are the requestors "most willing and able to pay an additional fee." It points to a median annual pay of $133,000 for approved H-1B workers in fiscal year 2025.

The proposal has **no carve-out for small businesses or nonprofits** that file cap-subject petitions. DHS's own analysis says the fee would apply to "all H-1B cap-subject petitions, including small employers or nonprofits." DHS also acknowledges that some employers, including small ones, may file fewer petitions because of it.

## Which petitions would not pay it

The fee would **not** apply to H-1B petitions that are **not subject to the cap**. The rule's description of cap-exempt petitions includes:

- employment at an **institution of higher education** or a related or affiliated nonprofit entity;
- employment at a **nonprofit research organization** or a **government research organization**; and
- in general, workers **already counted against the cap** who are changing employers or extending their stay within their six-year period.

Note the one exception that cuts the other way: the **master's-degree cap** petitions are covered by the new fee, even though they fall outside the regular 65,000 cap.

## How DHS arrived at $103,265

DHS says the fee is meant to recover part of the cost of running the lawful immigration system across **six agencies**: USCIS, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the Executive Office for Immigration Review (the immigration courts), the State Department and the Labor Department. It divided **$8,777,488,035** in costs by an expected **85,000** cap-subject petitions a year. That gives **$103,264.57**, which DHS rounded to $103,265.

## How it relates to the $100,000 proclamation payment

This proposed fee is **separate** from the **$100,000 payment** required by Presidential Proclamation 10973, and DHS says it rests on different legal authority. If a petitioner were subject to both, the rule says the petitioner **would have to pay both amounts**.

When the proposal was published, the rule noted that a federal court in Massachusetts had **vacated the agency guidance** implementing the $100,000 payment on June 8, 2026, and that the government's appeal was pending. Since then, **[Proclamation 11069](https://www.federalregister.gov/documents/2026/09/23/2026-19554/restriction-on-entry-of-certain-nonimmigrant-workers)** (signed September 18, 2026) has **extended** the $100,000 restriction until September 21, 2027.

## Key dates

- **Published:** August 25, 2026 (proposed rule).
- **Comment deadline:** **September 24, 2026**. That deadline has passed.
- **Correction:** on September 10, 2026, DHS published a **[correction](https://www.federalregister.gov/documents/2026/09/10/C1-2026-17324/fee-for-certain-h-1b-petitions)** that fixes one data table (H-1B receipts for fiscal years 2021 to 2025). It does not change the fee.
- **Effective date:** **none yet.** The fee would only apply once DHS publishes a final rule, and the final amount could change. DHS says, for example, that other pending rules could change the final fee.

As of this writing, the USCIS fee schedule (**[Form G-1055](https://www.uscis.gov/g-1055)**) does not list this fee.

## What this means

- **For employers:** a cap-subject H-1B hire could cost **more than $103,000** in government fees alone if the rule is finalized as proposed. Budget for that possibility, and watch for the final rule and its effective date.
- **For universities, research institutions and cap-exempt employers:** the proposal would not charge the fee on cap-exempt petitions.
- **For H-1B workers and candidates:** the fee falls on the employer. But DHS itself expects fewer cap registrations and petitions, so some offers may change.

## How we can help

If you are an **employer weighing H-1B sponsorship**, or a **worker** whose plans depend on it, we can help you understand where this proposal stands and how it may affect your case. As a firm led by **former U.S. Immigration Judges**, we help businesses and professionals with employment immigration. To plan ahead, [contact us](/contact).

## Frequently asked questions

### Is the $103,265 H-1B fee in effect now?

No. It is a **proposed rule** published August 25, 2026. It takes effect only if DHS publishes a final rule, and the amount could change.

### Which H-1B petitions would pay the new fee?

All **H-1B cap-subject petitions**, including those that qualify for the **master's-degree (advanced-degree) exemption**. Petitions that are not subject to the cap would not pay it.

### Does it replace the $100,000 proclamation payment?

No. It is a separate fee. If a petitioner were subject to both, the rule says it would have to pay both.

### Can I still comment on the proposal?

The comment period closed on **September 24, 2026**.

This article is general legal information about a proposed rule, not legal advice, and does not create an attorney–client relationship. Proposed rules can change before they become final; confirm the current requirements at [uscis.gov](https://www.uscis.gov) and the [Federal Register](https://www.federalregister.gov/documents/2026/08/25/2026-17324/fee-for-certain-h-1b-petitions), and consult a qualified attorney about your specific situation.

---
*General legal information from Carlos Maury Law — not legal advice. https://carlosmaury.law/news/dhs-proposes-103265-fee-h-1b-cap-petitions*