NewsFlash! DHS Proposes $103,265 Fee for Certain H-1B Petitions

The Department of Homeland Security (DHS) is scheduled to publish a proposed rule in the Federal Register on August 25, 2026, proposing a new $103,265 fee for all H-1B cap-subject petitions, including petitions eligible for the advanced degree exemption. The fee would be in addition to all other applicable filing fees and payments, but would not apply to cap-exempt H-1B petitions or other H-1B filings that are not subject to the annual cap.

The proposal is not effective at this time. DHS will accept public comments for 30 days after publication, and the agency would need to consider those comments before issuing any final rule. Employers should not add the proposed fee to current filings unless and until a final rule establishes an effective date and applicable transition provisions. The proposed rule is identified as DHS Docket No. USCIS-2026-0298, RIN 1615-AD20, and Federal Register Document No. 2026-17324.

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