USCIS is proposing a $103,265 additional fee for certain H-1B cap-subject petitions. The proposed fee would apply to petitions subject to the annual H-1B numerical cap, including the 65,000 regular cap and 20,000 U.S. advanced-degree exemption.
The proposal is scheduled for publication in the Federal Register on August 27, 2026, and will be subject to a 30-day public comment period.
Who Would Be Affected?
The proposed fee would apply to cap-subject H-1B petitions, including petitions filed following selection in the annual H-1B cap process. The proposal would not apply to cap-exempt H-1B petitions, such as:
- H-1B extensions and other petitions that are not subject to the annual cap;
- Petitions filed by qualifying universities and research organizations;
- Certain nonprofit organizations and governmental research institutions.
This proposed fee would be in addition to existing H-1B filing fees and other applicable costs. It could also be imposed in addition to any separate $100,000 H-1B payment requirement if that requirement is reinstated following ongoing litigation.
What Happens Next?
The $103,265 fee is only a proposal at this stage and is not currently an additional filing fee. The Department of Homeland Security must complete the rulemaking process, including consideration of public comments, before a final rule can take effect.
If finalized, the rule would have a significant financial impact on employers sponsoring foreign nationals through the H-1B cap process and could substantially increase the cost of H-1B sponsorship. Employers planning to participate in the next H-1B cap season should closely monitor this proposal and any subsequent changes before the filing period begins.
If you have questions about how this may affect your organization or immigration matters, or if you would like a case-specific assessment, please book an appointment here.
This alert is for informational purposes only and does not constitute legal advice.