Overview
- DHS posted a proposed regulation on Aug. 24, 2026 that would attach a $103,265 filing charge to each H‑1B petition subject to the annual cap and opened a 30‑day public comment period.
- The rulemaking route broadens scope from last year’s $100,000 presidential proclamation by making the charge apply to cap‑subject petitions regardless of where the beneficiary is located.
- A federal judge in June vacated the proclamation as an unlawful tax, the administration has appealed, and business groups, states and unions are expected to sue once or if the rule is finalized.
- The fee would add to existing H‑1B costs that historically ran in the low thousands and could deter small and mid‑size employers from sponsoring workers, with experts warning of lost job opportunities for applicants.
- DHS estimates the fee could raise about $8.8 billion from roughly 85,000 cap petitions a year, a calculation critics say overstates per‑case costs and that the final outcome and timing remain uncertain as comments and court review proceed.