DHS proposes $103,265 standalone fee for each cap-subject H-1B petition

The Department of Homeland Security released a proposed rule imposing a $103,265 standalone fee on every cap-subject H-1B visa petition, in addition to all current charges. The fee would affect the 65,000 regular-cap visas and the 20,000 slots reserved for U.S. master’s degree holders, but not cap-exempt petitions filed by universities, nonprofit research groups or government labs. DHS calculated the figure by dividing $8,777,488,035 in anticipated recovery costs by a projected 85,000 annual petitions and rounding to the nearest $5 increment.

This measure is legally distinct from the $100,000 payment mandated by Presidential Proclamation 10973, which a federal judge invalidated in June 2026 and remains under appeal; if reinstated, employers could owe both fees. The expected $8.8 billion in annual revenue would be allocated to USCIS, EOIR, the Department of Labor, ICE, the Department of State and CBP. While DHS argues most employers can absorb the cost given median H-1B wages of $133,000, it acknowledges the fee may deter smaller firms from filing. Public comments are accepted for 30 days after the Federal Register notice on August 25, 2026.