What changed: On 25 August 2026, DHS published a proposed rule that would add a $103,265 fee to every H-1B cap-subject petition — on top of all the fees employers already pay.
What it means if you’re on an H-1B, or hoping to be: If your path depends on a new cap-subject petition — this year’s lottery, a first job after graduation, or an employer moving you onto a cap case — this cost lands on your employer, and six-figure line items change hiring decisions. Cap-exempt roles (universities, nonprofit and government research) are excluded, so the same job at a university is treated very differently from one at a product company.
The numbers
| Proposed fee | $103,265 per petition, paid at filing |
| Applies to | All H-1B cap-subject petitions (including the advanced-degree exemption) |
| Excluded | Cap-exempt filings — universities, nonprofit and government research |
| Status | Proposed rule — not yet in effect |
| Comment deadline | 24 September 2026 |
| Published | 25 August 2026 (correction 10 September 2026) |
Why it’s only a proposal — and what that means for you today: This is a Notice of Proposed Rulemaking, not a final rule. The public comment window closes 24 September 2026, and the rule can still be changed, delayed, or challenged in court before it takes effect. Nothing about your current status changes today.
[Editor adds the human layer here: an immigration attorney’s read, or a verified community reaction — before publishing.]
What to do next:
- Planning a cap-subject filing? Ask your employer whether they’ve budgeted for this and how it changes their timeline.
- At a cap-exempt employer? Confirm your petition is genuinely cap-exempt — that’s the line that decides whether this touches you.
- Want a say? Read the proposal and submit a comment before the 24 September deadline.
Primary source: Federal Register — Fee for Certain H-1B Petitions (2026-17324)
Figures verified against the Federal Register notice on 12 September 2026.
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