Archive · 26 Aug 2026
H-1B Fees Diverge as Court Challenge and DHS Proposal Continue
There are two different possible fees for some H-1B work visas.
One is a $100,000 fee created by a presidential proclamation.
A court ruling stopped the government from collecting that fee for now, and the government has appealed.
The other is a proposed $103,265 fee from the Department of Homeland Security.
It would apply to H-1B petitions counted under the yearly cap, even when the worker is already in the United States.
That could include an international student changing from F-1 status to H-1B status.
Renewals and employers outside the cap would generally not face the proposed fee.
If both rules eventually apply, the extra charges could exceed $203,265.
The DHS proposal would impose a $103,265 fee on every cap-subject H-1B petition, including advanced-degree cases.
The separate $100,000 proclamation fee is currently not being collected after a federal court vacated related agency guidance.
F-1 students and H-1B workers already in the United States are exempt from the proclamation fee under current guidance.
The proposed DHS fee could apply to cap-subject change-of-status petitions, including F-1 students moving into H-1B status.
If both measures applied simultaneously, one filing could face more than $203,265 in additional charges before standard fees.
- Who
- The Trump administration, the Department of Homeland Security, U.S. employers, foreign workers, and international students are affected.
- What
- The government is distinguishing between a $100,000 H-1B proclamation fee and a proposed $103,265 fee for cap-subject petitions.
- When
- The proclamation fee was set for petitions submitted after September 21, 2025; the DHS proposal’s public-comment period runs until September 24, 2026, while the proclamation is scheduled to expire September 20, 2026 unless extended.
- Where
- The measures concern the United States H-1B immigration system and its federal courts.
- Why
- The administration cites protecting American workers, addressing wage suppression, and national-security concerns; DHS says the proposed fee is authorized under INA Section 286(m).
- Proposed DHS fee
- $103,265 per cap-subject H-1B petition, including petitions qualifying for the advanced-degree exemption.
- Proclamation fee
- $100,000 for covered H-1B petitions, though collection is currently halted following a court ruling.
- Annual cap
- 85,000 total: 65,000 regular H-1B visas and 20,000 for U.S. master’s or higher-degree holders.
- Current litigation
- The U.S. government appealed the June 8, 2026 district-court ruling to the First Circuit on June 11, 2026.
- Exemptions under proclamation guidance
- F-1 students and H-1B visa holders already in the United States, previously issued visas, petitions filed before September 21, 2025, and H-1B renewals are exempt or unaffected as described.
- DHS proposal exclusions
- Cap-exempt employers, including many universities and nonprofit or government research organizations, are generally outside the proposed fee.
- Projected annual revenue
- DHS estimates approximately $8.8 billion annually if the fee applies to 85,000 cap-subject petitions.