On Aug. 25, 2026, DHS published a proposed rule (91 FR 54817) 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 closed Sept. 24, 2026, and no fee is owed under it today. It is separate from the $100,000 payment under the presidential proclamation, which is covered in our item on the renewed 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.