United States: USCIS Proposes New Fee of Over $100,000 for H-1B Cap-Subject Petitions
August 24, 2026
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At a glance
- Under the proposal, all H-1B petitions subject to the annual H-1B cap would be subject to an additional fee of $103,265.
- The fee would apply regardless of whether the petition requests (or is approvable for) a change of status or for consular notification.
- USCIS will accept public comments for 30 days after the rule is formally published on August 25. The rule would not take effect until the agency considers public comments and finalizes the proposal into a final rule.
- Court challenges to a final rule are likely.
The issue
U.S. Citizenship and Immigration Services (USCIS) is proposing an additional fee of $103,265 that would apply to all H-1B cap-subject petitions, including both change of status and consular notification petitions. The proposal will be published in tomorrow’s Federal Register with a public comment period of 30 days; an advance copy is currently available. The proposal will not become final until it clears the federal rulemaking process.
According to USCIS, the purpose of the new H-1B cap-subject petition fee would be to support the administration of the entire lawful immigration system across several federal agencies. The fee proposal is likely to be challenged in court if the rule is finalized.
The new H-1B fee proposal was not included in USCIS’s regulatory agenda released in July. However, the proposal was submitted to the Office of Management and Budget (OMB) on August 19 and was cleared by OMB the same day, a rapid clearance timeframe.
A closer look
The proposed additional fee would apply only to cap-subject H-1B petitions, meaning those that are subject to the annual limit of 85,000 (including 20,000 H-1B visa numbers for foreign nationals with U.S. advanced degrees). Any petition that is cap-exempt for any reason, including H-1B extension petitions and petitions filed by cap-exempt organizations, would not be subject to the $103,265 fee. The fee would be payable at the time of H-1B petition filing. The next H-1B cap season begins in spring 2027; the cap petition filing period generally begins in early April.
The new H-1B fee would apply in addition to any existing H-1B petition fees, including the currently vacated $100,000 H-1B presidential proclamation fee, where applicable, should that fee be reinstated. The $100,000 presidential proclamation H-1B fee was vacated pursuant to an ongoing lawsuit, so the government is not currently permitted to collect it.
The H-1B classification has been the focus of significant regulatory action. Most recently, the Department of Homeland Security announced the expansion of a fee that petitioners with a high percentage of H-1B and L-1 employees must pay. In addition, the Department of Labor has proposed increasing minimum required wages for the H-1B classification and other wage-regulated immigration programs.
What’s next for the fee proposal
The proposed fee will not take effect until USCIS reviews the public feedback received over the 30-day comment period, and publishes a final regulation with a specific implementation date.
The views of employers will be important to advise USCIS about the impact of the proposal on the business community. Fragomen’s Government Strategies Group is available to assist organizations interested in submitting comments.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
