Overview
- DHS posted a Federal Register notice that sets a $103,265 charge on certain new H‑1B cap‑subject petitions and starts a 30‑day public comment period, with the proposal published on Monday, August 24, 2026.
- The proposed levy would apply to new petitions for workers currently outside the United States and would not cover renewals or most current H‑1B holders.
- Separate rulemaking steps reported to the Office of Management and Budget indicate DHS is also considering a large fee on F‑1 OPT applications that would be paid directly by students.
- Courts have already vacated President Trump’s earlier $100,000 proclamation fee as unlawful, and business groups, states and unions are expected to press fresh legal challenges if the rule is finalized.
- If adopted, the fee would sharply raise costs for employers that hire foreign talent and for international students pursuing OPT, with a disproportionate impact on Indian nationals who made up about 71% of approved H‑1B beneficiaries in FY2024.