DHS Proposes New H-1B Cap-Subject Petition Fee to Recover Administrative Costs
The U.S. Department of Homeland Security (DHS) has proposed a new rule that would introduce a filing fee of USD 103,265 for all H-1B cap-subject petitions, including those filed under the advanced degree (master’s cap) exemption. This proposed fee would be payable at the time of filing and would be in addition to all existing H-1B petition fees. According to DHS, the fee is intended to help recover a portion of the federal government’s costs associated with administering the lawful immigration system. These costs include activities carried out by DHS, the Department of Justice (DOJ), Department of State (DOS), and Department of Labor (DOL). The proposal specifically applies only to H-1B petitions subject to the annual cap and would not affect cap-exempt filings. DHS has indicated that this fee would serve as a dedicated revenue mechanism to support immigration-related operations across multiple federal agencies. The proposed rule was scheduled for publication in the Federal Register on August 25, 2026, ini... 
