On August 25, 2026, Department of Homeland Security and USCIS published a proposed rule that, if finalized and put into place, would require a $103,265 fee to accompany all H-1B cap-subject petitions, including cases eligible for the advanced-degree exemption. This fee would be in addition to all other required filing fees.

The reason given for the fee is that the funds collected would help fund immigration system costs across multiple federal agencies.

Is the fee required for my filing?

It is important to note that it is a proposed rule – not a final rule. This means that the rule must going through a federal rulemaking process before it can be implemented. The fee will only be required once the rule has been finalized.

As of August 25, the public has 30 days to submit comments on the rule. All comments will then be considered by USCIS before a final rule is drafted and published. The final version of the rule will notify the public of the effective date. Updates will be made to this page as soon as a final rule has been published.

The H-1B program - as it stands today - is unaffected. Petitions can – and should - continue to be submitted without a $103,265 fee. 

What H-1B petitions will be subject to the fee?

As it is currently written, the proposed rule indicates that the fee will be required for all H-1B cap subject petitions. This means any filings for cap exempt employers or extensions for employees already counted against the cap will not be subject.

What action should I take now?

If you are an employer that sponsors H-1B employees or an employee currently on H-1B status, no action is needed. You should continue with business as usual in terms of new filings, extensions of status, transfers, amendments, etc. The proposed rule does not have any impact on currently approved H-1B petition and any new filings.

We can expect the biggest impact to be felt for the FY2028 cap season if the final rule is implemented. For those who are planning to enter the H-1B lottery for the FY2028 cap season, or employers hoping to sponsor employees for FY2028, you will want to keep an eye on any future developments with this rule.

We can expect legal challenges to be played out in court once the final rule is published. As of now, it is uncertain whether the rule will be implemented or struck down by a judge.

A similar $100,000 required fee implemented by the Trump Administration in late 2025 was vacated by a federal court in June 2026. The outcome for that $100,000 fee is currently pending appeal.  

______________

Contact the Law Offices of James D. Eiss today to discuss your H-1B filing.