Immigration Update: DHS Proposes a $103,265 Fee on Every H-1B Cap-Subject Petition
What changed
On August 25, 2026, the Department of Homeland Security published a proposed rule in the Federal Register that would create a new $103,265 fee on every H-1B cap-subject petition, payable at the time of filing and in addition to all other applicable fees.
The proposal is titled Fee for Certain H-1B Petitions (91 FR 54817, DHS Docket No. USCIS-2026-0298, RIN 1615-AD20). The public comment period closes September 24, 2026.
A few points on timing, because they matter: this announcement was published on August 25 — it is two days old as of this article, not a same-day development. And it is a proposed rule, not a final one. Nothing is payable today. No fee schedule has changed, and no pending or planned filing owes this amount at present.
What the proposal covers, as written:
All H-1B cap-subject petitions, including petitions eligible for the advanced-degree ("master's cap") exemption under INA 214(g)(5)(C).
The fee would be in addition to existing filing, fraud-prevention, ACWIA, asylum-program and premium-processing fees.
Cap-exempt petitioners are outside the proposal — institutions of higher education and their affiliated nonprofits, nonprofit research organizations, and governmental research organizations.
DHS states the purpose is to generate revenue for administering the lawful immigration system across multiple federal agencies.
Also on the calendar: the F, J and I fixed-admission rule takes effect September 15, 2026
This is not new news, but it is the nearer deadline and it deserves a place alongside the fee proposal.
On July 17, 2026, DHS published a final rule, Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media (91 FR 44976). It is effective September 15, 2026.
The rule replaces admission for "duration of status" with fixed admission periods:
F academic students — admitted for the length of program, not to exceed four years.
J exchange visitors — admitted for the duration of program plus authorized time to depart.
I foreign media representatives — up to 240 days, with limited exceptions for PRC passport holders.
Anyone needing more time must file an extension of stay with USCIS rather than rely on a sponsor-side notation. The rule also shortens the F-1 post-completion departure period from 60 days to 30 days, and includes transition provisions for F and J nonimmigrants already admitted for duration of status before September 15.
What applicants should know
If you are an H-1B cap hopeful, or an employer who sponsors through the cap. Nothing changes for a petition filed today. What changes is the planning horizon. The FY2028 cap season is the first that could realistically fall under a final rule, and a six-figure per-petition cost — if finalized as proposed — would reshape who can afford to sponsor. Smaller employers, startups, staffing firms and healthcare employers that rely on the cap are the most exposed. This is the moment to begin an honest look at alternatives: O-1, E-2, E-3, TN, L-1, and cap-exempt sponsorship through a qualifying university, affiliated nonprofit or research organization.
If you hold H-4 status or an H-4 EAD tied to a cap-subject principal, or you are an F-1 student counting on the cap-gap bridge, your position is unchanged today, but it is downstream of what happens to this rule.
If you want to be heard on it. This is a proposed rule with an open comment period. Comments are due September 24, 2026, and they are submitted through the docket on the Federal Register page linked below. Employers and affected individuals may comment.
If you are in F, J or I status — act on this one now. September 15 is 19 days out. Check your I-94, understand what your admission period will be, and know that extensions will now run through USCIS. F-1 students should note the shortened 30-day departure period after completing study or authorized post-completion practical training.
Be careful with what you read elsewhere. A proposed rule is not law. Any source telling you that a $103,265 H-1B fee is currently owed is wrong, and any source telling you the amount is already final is getting ahead of the record.
How we can help
Our consultations are given by former U.S. diplomats — people who spent their careers adjudicating visa applications and reading policy cables at U.S. embassies and consulates. That background matters on a story like this one, where the difference between a proposal and a rule in force is the whole question, and where the right advice is often about sequencing and alternatives rather than a single filing.
We can help you:
Understand exactly where a proposed rule stands and what it does and does not require of you today.
Map alternative visa classifications when the cap route becomes uncertain or uneconomic.
Prepare F, J and I clients for the September 15 fixed-admission change, including extension-of-stay timing.
Read your own facts against the current rules, not against headlines.
Schedule a consultation
If you are unsure how a U.S. visa or immigration change affects your specific case, a consultation with a former U.S. diplomat is the fastest way to get a clear answer. Learn more and schedule at visaexpertdiplomats.com.
Sources
Federal Register — Fee for Certain H-1B Petitions, proposed rule, published August 25, 2026: federalregister.gov
Federal Register — Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media, final rule, published July 17, 2026, effective September 15, 2026: federalregister.gov
U.S. Department of State — Visa Bulletin: travel.state.gov
U.S. Department of State — Visa News: travel.state.gov
This article is general information about published U.S. government announcements and is not legal advice. Dates and requirements can change; verify against the official sources above before acting.
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