DHS proposed a $103,265 fee for H-1B cap-subject petitions, and employers would owe it at filing if finalized.
Why it matters: The proposal would sharply raise the cost of hiring skilled foreign workers for employers in tech, finance, consulting and startups. It also keeps alive a major legal fight over whether the government can charge this amount as a fee.
- DHS posted the proposal on Aug. 24, 2026, setting the fee at $103,265 for all H-1B cap-subject petitions.
- The charge would apply at filing and sit on top of other applicable fees.
- DHS says the fee would help cover federal costs for adjudication, fraud detection, national security vetting, systems modernization, immigration courts, consular processing, labor standards enforcement and interagency coordination.
- The proposal follows the administration's earlier $100,000 H-1B payment under Proclamation 10973, which a Massachusetts federal court vacated on June 8, 2026.
DHS has proposed a $103,265 fee for all H-1B cap-subject petitions, a charge that would be owed at filing if the rule is finalized. The proposal was posted on Aug. 24, 2026, to the Federal Register public inspection file as RIN 1615-AD20, according to the filing.
The department says the charge would help cover federal costs tied to the H-1B program, including adjudication, fraud detection, national security vetting and other agencies' work. USCIS spokesperson Zach Kahler said, "The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers."
The proposal comes after the administration's earlier H-1B payment under Proclamation 10973. That directive applied to certain H-1B petitions filed on or after Sept. 21, 2025, and before Sept. 21, 2026. A Massachusetts federal court later vacated the agency guidance implementing that payment on June 8, 2026, and the government appealed on June 11, 2026, according to the rule text and court order.
Judge Leo Sorokin wrote in the court ruling, "The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress."
The new proposal would replace that earlier approach with a separate fee structure if finalized. A public comment period would follow publication in the Federal Register.
By the numbers
- $103,265 - Proposed fee for H-1B cap-subject petitions
- June 8, 2026 - Date the Massachusetts federal court vacated the agency guidance implementing the earlier payment
- June 11, 2026 - Date the government appealed
Yes, but: The proposal is not final. Employers would not owe the fee unless and until DHS completes the rulemaking and the charge takes effect.
What's next: A public comment period is expected after the proposal is published in the Federal Register.