The Department of Homeland Security (DHS) is proposing to establish a new fee of $103,265 for all H-1B cap-subject petitions. This fee would apply to petitions eligible for the advanced degree exemption and would be in addition to other required payments.
- A new fee of $103,265 is proposed for H-1B cap-subject petitions.
- This fee applies to petitions with advanced degree exemptions.
- The fee would be paid at the time of filing.
- It is an additional fee, separate from other payments.
- The proposal was released on August 24, 2026.
The Department of Homeland Security (DHS) has proposed a new fee for H-1B cap-subject petitions. This proposed fee is $103,265 and would apply to all H-1B cap-subject petitions, including those that are eligible for the advanced degree exemption.
What is changing
If implemented, this new fee would be paid when you file your petition. It would be an additional payment, meaning it would be required in addition to any other applicable fees or payments you already make.
Why this fee is proposed
DHS states that the proposed fee aims to generate revenue to cover a portion of the federal government’s costs for managing the lawful immigration system. These costs include various operations such as adjudicating immigration benefits, detecting fraud, conducting national security vetting, modernizing systems, managing records and fee collection, operating immigration courts, processing consular visas, enforcing labor standards, and coordinating between agencies.
DHS estimates that this proposed fee could generate approximately $8.8 billion annually. This estimate is based on a projected annual volume of 85,000 H-1B cap-subject petitions.
Who would not be affected
Under the proposed rule, this additional fee would not apply to H-1B petitions that are not subject to the annual cap. Examples of such petitions include those filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education.
The number of cap-subject H-1B visas or grants of status issued each year is limited to 65,000. An additional 20,000 are available for people who have earned a master’s or higher degree from a U.S. institution of higher education.
"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." USCIS spokesperson Zach Kahler, 24 August 2026
For background on the categories these changes affect, see our guides to the employment-based routes.
Sources
All accessed 1 September 2026.
- DHS Proposes Additional H-1B Fee. The announcement this post summarises.
- notice of proposed rulemaking.
- USCIS, Filing Fees.
- USCIS, H-1B Specialty Occupations.
- USCIS Newsroom.
Frequently asked questions
What is the amount of the proposed additional H-1B fee?
The proposed additional H-1B fee is $103,265.
When would this proposed fee be paid?
The proposed fee would be paid at the time of filing the H-1B cap-subject petition.
Does this proposed fee apply to H-1B petitions for those with advanced degrees?
Yes, the proposed fee would apply to H-1B cap-subject petitions, including those eligible for the advanced degree exemption.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
