DHS proposed a $103,265 fee for cap-subject H-1B petitions on August 24, 2026, opening a new regulatory effort to sharply increase the cost of hiring skilled foreign workers. The plan could have major consequences for employers and international students seeking to move from F-1 status to H-1B employment.
The Department of Homeland Security proposal would require the new fee when an employer files an H-1B petition subject to the annual numerical cap. That includes petitions eligible for the advanced-degree exemption, which reserves 20,000 H-1B slots for workers with qualifying graduate degrees from U.S. institutions.
The proposal is not yet in effect. It is scheduled for publication in the Federal Register on August 25, 2026, followed by a 30-day public comment period. DHS would need to review the comments and publish a final rule with an effective date before employers could be required to pay the charge.
The $103,265 payment would apply in addition to existing H-1B charges, including applicable petition, fraud-prevention and workforce-training fees. Because the proposal is limited to cap-subject petitions, it would not cover cap-exempt filings by qualifying universities, affiliated nonprofits, nonprofit research organizations and government research organizations.
The proposal follows President Donald Trump's September 19, 2025, proclamation requiring a $100,000 payment for certain H-1B workers entering the United States. USCIS guidance implementing that policy generally excluded approved changes of status for people already in the country, including many F-1 students.
The new regulatory proposal is broader because it covers all petitions counted against the annual H-1B cap. As written, it could directly affect F-1 students moving to H-1B status after selection in the registration process, even when they remain inside the United States.
DHS said the fee would help recover federal costs associated with administering the lawful immigration system across several agencies. The amount was calculated using an estimated 85,000 annual cap-subject petitions: 65,000 under the regular cap and 20,000 under the advanced-degree exemption.
The earlier $100,000 payment has faced multiple lawsuits. On June 8, 2026, a federal judge in Massachusetts ruled that the policy exceeded executive authority and improperly imposed a tax without congressional authorization. The administration appealed, while other litigation involving the policy remained pending.
The new proposal uses the formal rulemaking process and relies on federal fee-setting authority, creating a separate legal path from the presidential proclamation. Employers, universities and prospective H-1B workers should monitor the comment process and any final rule rather than treating the proposed amount as a current filing requirement.
This article provides general information and does not constitute legal advice. Individuals should consult qualified immigration counsel about specific H-1B filings or status decisions.