DHS Proposes $103,265 Fee for Cap-Subject H-1B Petitions

The Trump administration is taking a new approach to imposing a six-figure cost on employers seeking H-1B workers.

On Aug. 25, 2026, the Department of Homeland Security (DHS) proposed a $103,265 fee for each cap-subject H-1B petition, including petitions filed under the U.S. advanced-degree exemption. The proposed fee, which would be in addition to other applicable government filing fees, is not currently in effect and must go through the notice-and-comment rulemaking process before it could become operative. If finalized as proposed, the fee could significantly increase the cost of sponsoring first-time, cap-subject H-1B workers and affect employer sponsorship decisions, workforce planning and international student hiring. Employers that rely on the annual H-1B cap should assess the potential impact on anticipated FY 2028 cases and monitor the rulemaking process.

Read our full analysis of the proposed fee, who it could affect and what employers should consider now here.