DHS Proposes $103,265 Fee for New H-1B Cap Petitions
The Department of Homeland Security has proposed a new $103,265 filing fee for new cap-subject H-1B petitions, a move that would significantly alter the cost of sponsoring foreign talent.
The US Department of Homeland Security (DHS) has issued a notice of proposed rulemaking to add a new $103,265 fee for each H-1B cap-subject petition. This fee would be in addition to all existing government filing charges and would apply to both regular cap and advanced-degree exemption petitions. The proposal explicitly excludes cap-exempt petitions, such as those for universities and certain research organizations, as well as petitions for H-1B extensions, amendments, or changes of employer.
Sophisticated employers and their counsel care because the fee would fundamentally change the financial calculus of sponsoring foreign national talent, particularly for early-career professional roles. DHS justifies the fee not by the cost of H-1B adjudication but as a mechanism to fund the broader immigration system, a novel approach expected to draw legal challenges if finalized. Businesses that rely on the H-1B cap should begin assessing the potential impact on recruiting budgets and long-term workforce planning. The proposal is now in a public comment period ending September 24, 2026, after which DHS will review comments before deciding whether to issue a final rule.