DHS Proposes a $103,265 Fee on H-1B Cap-Subject Petitions — Not Yet in Effect

On Aug. 25, 2026, DHS published a proposed rule that would add a $103,265 fee to every H-1B cap-subject petition, including those eligible for the advanced-degree exemption, on top of all other existing fees. Cap-exempt petitions would not be affected. This is a proposed rule only — the public comment period runs through Sept. 24, 2026, and no fee is owed under it today. It's separate from (and would stack on top of) the $100,000 payment under last year's presidential proclamation. We don't handle H-1B petitions as a core practice area, but if this affects an employer or employee you know, confirm the rule's actual status before acting on anything you read about it — coverage of proposed immigration rules routinely gets reported as if they were already final.