Proposed H-1B Fee: DHS Seeks $103,265 for Cap-Subject Petitions
- ARCFE U.S.
- Aug 26
- 3 min read
Updated: Aug 27
The Department of Homeland Security (DHS) has proposed a new $103,265 fee for H-1B cap-subject petitions, including petitions filed under the U.S. advanced-degree exemption.
The proposal was announced on August 24 and published in the Federal Register on August 25, 2026.
The fee is not currently in effect. The public comment period remains open through September 24, 2026. If the rule is finalized as proposed, the additional fee would be paid by the H-1B petitioner—typically the sponsoring employer—at the time of filing, on top of other applicable H-1B fees.
Who Would Be Subject to the Proposed H-1B Fee?
The most important point is that the proposal applies to cap-subject H-1B petitions, not every H-1B filing.
The annual H-1B cap includes 65,000 regular cap numbers, plus another 20,000 for qualifying beneficiaries with a U.S. master's degree or higher. Petitions filed under either allocation would be covered by the proposed $103,265 fee.
By contrast, the additional fee would not apply to H-1B petitions that are exempt from the annual cap, such as qualifying petitions filed by certain institutions of higher education, nonprofit research organizations and governmental research organizations.
This distinction is also relevant to international students moving from F-1 or OPT to H-1B status. If an employer files a cap-subject H-1B petition after the beneficiary is selected through the annual H-1B process, the petition would fall within the proposed fee framework if the rule takes effect as currently written.
For Indian and other international graduates who commonly rely on the F-1/OPT-to-H-1B pathway, the proposal is therefore worth watching closely.
What Could the Proposal Mean for Employers?
The proposed $103,265 charge would be an additional employer-side filing cost, rather than a fee imposed directly on the foreign worker.
If implemented, a fee of this size could affect how some employers approach H-1B sponsorship, particularly when evaluating early-career positions, multiple H-1B hires or other roles where sponsorship costs are an important consideration.
However, the proposal is still going through the federal rulemaking process. Employers are not currently required to pay the new fee, and the final rule could differ from the version now under review.
One point of clarification is also important: this proposed $103,265 fee is separate from the earlier $100,000 H-1B payment associated with Presidential Proclamation 10973. DHS specifically states that the two measures are based on different legal authorities. The earlier payment has also been the subject of separate federal litigation.
What H-1B Professionals Should Know
For now, the key takeaway is straightforward: nothing changes immediately. The $103,265 fee remains a proposal, and the public comment period runs through September 24.
Still, the proposal adds another variable for professionals whose long-term U.S. plans depend on employer-sponsored H-1B status.
For eligible individuals and families with qualifying capital, the EB-5 Immigrant Investor Program is structurally different from H-1B. EB-5 is based on a qualifying investment and U.S. job creation rather than sponsorship by a particular employer or selection through the annual H-1B cap.
ARCFE's EB-5 for H-1B Professionals guide explains how the two pathways differ and what eligible professionals may want to consider when reviewing longer-term U.S. immigration planning.
To learn more, read How to Choose an EB-5 Regional Center, review Track Record, Transparency, and Trust: How to Evaluate an EB-5 Regional Center, or explore the ARCFE EB-5 Process.
Speak with our EB-5 specialist and learn how the program can help you achieve permanent residency. Complete the form and our team member will give you a call back.
If you are considering EB-5 and would like to learn more about current program requirements and available ARCFE projects, contact ARCFE for additional information.
This article is provided for general informational purposes only and does not constitute legal, tax, investment or immigration advice.
