Proposed $103,265 H-1B Fee: What the New DHS Proposal Means

The U.S. Department of Homeland Security (DHS) has proposed a new $103,265 fee on every cap-subject H-1B petition, with the proposal scheduled for publication in the Federal Register on August 25, 2026. The fee is not final and is not yet in effect.

The proposal would cover both the regular 65,000 H-1B cap and the separate 20,000 exemption for U.S. master's degree holders. Cap-exempt petitions, including those for universities, affiliated nonprofits and government research organizations, would not be covered by this proposal.

The proposed $103,265 fee is separate from the existing $100,000 H-1B proclamation fee, which is currently in litigation. If both measures ultimately remain applicable, employers could potentially face both charges. A 30-day public comment period would follow Federal Register publication before any final rule could be considered.