On August 25, 2026, U.S. Citizenship and Immigration Services published a proposed rule, “Fee for Certain H-1B Petitions,” that would require employers to pay a $103,265 fee with every H-1B cap-subject petition.
According to USCIS, the fee is meant to cover not only the agency’s own processing costs but also costs incurred by multiple federal agencies involved in administering the immigration system.
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It would extend to the Department of Homeland Security (including CPB and ICE), the Executive Office for Immigration Review within the Department of Justice, the Department of State, and the Department of Labor.
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USCIS argues that the Immigration and Nationality Act gives it authority to set fees at a level that recovers the full cost of providing these services.
This proposal is the latest in a series of Trump administration efforts to restrict the H-1B program, following the $100,000 H-1B entry fee that the Administration said was intended to curb overuse of the program, which remains currently enjoined.
What’s next: The Association has been soliciting member feedback, and we will submit a comment letter. Comments are due September 24, 2026.
