DHS issues proposed rule imposing $103k fee on cap-subject H-1B petitions

Sort timeline by:

Original Date Announced
August 25, 2026
The Department of Homeland Security proposed a rule imposing a $103,265 fee on employers filing H-1B petitions subject to the annual 85,000-visa cap, including petitions for workers with advanced degrees but excluding cap-exempt petitions. DHS characterizes the fee as a revenue mechanism authorized by the INA that would generate an estimated $8.8 billion annually to fund immigration adjudication and naturalization services across USCIS, ICE, EOIR, and the Department of Labor, rather than merely covering the cost of adjudicating the individual petition. The proposed fee would operate separately from President Trump’s $100,000 H-1B fee, which is currently subject to litigation. The rule also incorporates the Department of Labor’s proposed changes to prevailing-wage calculations, further increasing the regulatory costs associated with employing H-1B workers. Comments are due by September 24, 2026.
2026.08.25 DHS - 8 CFR Pt 106 NRPM

None

Status: Proposed

Trump Administration Action: Rule

Subject Matter: Non-Immigrant Visas: Employment-Based

Agencies Affected: DHS USCIS

Associated or Derivative Policies

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com