Skip to content
HelloStampedSign in
← What changed
ConfirmedAs of August 24, 2026

Proposed — not in force

A $103,265 fee is proposed for cap-subject H-1B petitions

On 24 August 2026 DHS filed a notice of proposed rulemaking, "Fee for Certain H-1B Petitions", for publication in the Federal Register on 25 August. It proposes a $103,265 fee, payable at the time of filing, on all H-1B cap-subject petitions including those eligible for the advanced degree exemption, in addition to all other applicable fees. The rule says the fee would stack on any Presidential Proclamation payment: a petitioner subject to both "would be required to pay both amounts". This is a proposal, not a rule in force. Written comments are due 30 days after publication, and DHS must consider them before it can issue anything final.

What has not changed

Nothing is payable today and nothing about filing changes. Current H-1B fees are unchanged. The proposal reaches only cap-subject petitions, so cap-exempt employers — universities, affiliated non-profits, and non-profit or government research organisations — are outside it, as are extensions, transfers and amendments that are not cap-subject. No start date exists for any fee, because there is no final rule. The rule also records that the earlier proclamation payment was itself vacated on 8 June 2026 by the District of Massachusetts in California et al. v. Mullin, and that the Government appealed on 11 June 2026.

What to do

If you expect to be in the next H-1B cap registration, this is the one to follow — it would cover the advanced degree exemption as well as the regular cap, which is the route most people take from F-1. Comments can be filed at regulations.gov under DHS Docket No. USCIS-2026-0298 for 30 days after 25 August 2026, and DHS is required to consider them. Do not pay anything, change employer plans or withdraw a filing on the strength of a proposal.

Next update

When the comment period closes, 30 days after publication on 25 August 2026, or sooner if DHS issues a final rule.

Sources