Bloomberg Law is reporting that DHS is proposing a new $103,265 fee for cap-subject H-1B petitions, including petitions involving workers who are already in the United States.
This is separate from the earlier $100,000 H-1B entry fee that applied primarily to workers being brought into the country. That fee was struck down by a federal judge and is currently being appealed.
A few key points:
- The proposed fee would apply to H-1B petitions subject to the annual cap.
- That includes the regular 65,000 H-1B slots and the additional 20,000 advanced-degree slots.
- Universities, hospitals and certain research institutions would be exempt under the new proposal.
- The $103,265 would be in addition to other H-1B filing costs.
- DHS estimates the fee could generate approximately $8.8 billion per year.
- The US Chamber of Commerce says the fee could make H-1B hiring cost-prohibitive for many startups and small and midsize employers.
For employers that hire significant numbers of H-1B workers, this could materially change the economics of hiring. A company hiring 10 cap-subject H-1B employees could potentially face more than $1 million in these fees alone.
This is currently a proposed rule, not a fee that has already taken effect. The Bloomberg Law report is dated August 24, 2026.
Something to watch, especially at companies that rely heavily on H-1B hiring.
https://news.bloomberglaw.com/daily-labor-report/new-100-000-h-1b-fee-planned-for-foreign-workers-already-in-us