Overview
- The Department of Homeland Security posted a proposed regulation on Monday, Aug. 24, 2026, that would add a $103,265 filing fee to every cap‑subject H‑1B petition and opened a 30‑day public comment period.
- The rule would apply to all cap‑subject petitions, including advanced‑degree slots, while exempting cap‑exempt filings such as most universities and nonprofit research employers.
- The proposal follows a June 2026 federal court decision that vacated the administration’s earlier $100,000 proclamation fee; multiple trade groups, states and unions have active lawsuits and are expected to challenge the new rule.
- DHS estimates the fee could raise roughly $8.8 billion a year and says it will cover adjudication, vetting and other federal immigration costs, but critics say the up‑front, nonrefundable six‑figure charge would create large financial risk for sponsors and likely price many small and mid‑size employers out of hiring foreign talent.
- The H‑1B program is capped at 85,000 visas and has been a major pathway for Indian professionals, who accounted for a large share of approvals, so the fee could sharply reshape who U.S. employers recruit and how companies structure offshore and domestic hiring.