DHS Eyes $103K Fee for Every H-1B Visa Filing
Published Date: 8/25/2026
Proposed Rule
Summary
The Department of Homeland Security (DHS) proposes to establish a $103,265 fee, payable at the time of filing, for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption, which would be imposed in addition to all other applicable fees or payments. This fee would serve as a dedicated revenue mechanism to help recover a portion of the federal government's costs of administering the lawful immigration system, including activities carried out by DHS, the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), and the U.S. Department of Labor (DOL).
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
New $103,265 H-1B Filing Fee
DHS proposes a new $103,265 fee that must be paid when filing any H-1B cap-subject petition, including those eligible for the advanced degree exemption. This fee is charged in addition to all other USCIS fees and is intended to recover part of an $8,777,488,035 cost pool divided by a projected 85,000 filings (resulting in $103,264.57, rounded to $103,265).
Fee Is Additional to Other Payments
USCIS would require the $103,265 fee in addition to any other applicable fees or payments; for example, it would be separate from the $100,000 payment referenced in Presidential Proclamation 10973. If a petitioner is subject to both the proclamation-required payment and this proposed H-1B fee, the petitioner must pay both amounts.
Applies Only to Cap-Subject Filings
The proposed fee applies only to H-1B cap-subject petitions, including those counted under the advanced degree exemption, and would not apply to cap-exempt H-1B petitions. DHS proposes to add the fee as a separate line at 8 CFR 106.2(a)(3)(xii) specifically for cap-subject filings.
DHS Foresees Fewer H-1B Filings
DHS acknowledges the proposed $103,265 fee could reduce the number of H-1B cap registrations and that some employers, including small entities, may file fewer petitions as a result. DHS links the success of this fee model to actual filing volumes and projects revenue assuming 85,000 fee-paying filings.
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Key Dates
Department and Agencies
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