Archive · 25 Aug 2026
DHS Proposes $103,265 Fee for Cap-Subject H-1B Applications
The United States wants to add a very large fee to some H-1B visa applications.
H-1B visas let companies hire foreign workers for certain specialized jobs.
The new fee would apply to applications counted under the yearly visa limits.
The limits include 65,000 regular visas and 20,000 visas for people with advanced degrees from United States schools.
Some applications that are not counted under the limits would not have to pay the fee.
The government says the money would help pay for processing and security checks.
Critics worry the fee could make it harder for companies to hire skilled workers from other countries.
People can send comments for 30 days before the government decides what to do.
The United States proposed a separate $103,265 fee for cap-subject H-1B petitions.
The fee would cover both the 65,000 regular cap and 20,000 advanced-degree exemption.
Cap-exempt petitions from certain universities and research organizations would not face the charge.
DHS said the fee would fund adjudication, security checks and other federal immigration-related costs.
Public comments will be accepted for 30 days before DHS decides whether to issue a final rule.
- Who
- The United States Department of Homeland Security proposed the fee; it would affect employers and applicants filing cap-subject H-1B petitions.
- What
- A separate additional fee of $103,265 for cap-subject H-1B applications, including those eligible for the advanced-degree exemption.
- When
- The proposal was announced on Monday, with a 30-day public-comment period.
- Where
- The proposal applies to the United States H-1B visa program.
- Why
- DHS says the charge would recover federal costs for adjudication, vetting and support of lawful immigration programs.
DHS justification
Critics' concerns
Purpose of the fee
DHS justification
DHS says the charge would recover costs incurred across the federal government to adjudicate, vet and support lawful immigration programs that would otherwise be funded by taxpayers.
Critics' concerns
Immigration attorney Emily Neumann characterized the proposal as another attempt to restrict legal immigration.
Effect on skilled-worker hiring
DHS justification
DHS says a separate fee would facilitate tracking, allocation and reporting of the revenue associated with the proposed charge.
Critics' concerns
Todd Schulte of FWD.us said the measure could weaken the United States' ability to attract and retain skilled workers globally.
Impact on employers and applicants
DHS justification
The proposal would apply only to cap-subject petitions, while specified cap-exempt employers and institutions would not pay the additional fee.
Critics' concerns
The articles report that the high cost could affect employers sponsoring workers and applicants planning careers in the United States, particularly in technology and other specialized fields.
- Proposed fee
- $103,265, paid separately from existing H-1B petition fees
- Regular annual cap
- 65,000 H-1B visas
- Advanced-degree exemption
- 20,000 additional visas for applicants with a master's degree or higher from a United States institution
- Estimated annual revenue
- Approximately $8.8 billion, based on 85,000 projected cap-subject petitions
- Exemptions
- Certain petitions filed by institutions of higher education, nonprofit research organizations and governmental research bodies would remain cap-exempt
- Payment timing
- The proposed fee would be paid when the petition is filed and would be added to other applicable charges
- Next step
- DHS will review public comments for 30 days before deciding whether to publish a final rule
- Earlier plan
- A previous $100,000 H-1B fee plan was blocked after legal challenges, according to the articles
