Trump Administration Proposes $103,265 Fee On Most New H-1B Visas
On Monday, August 24, 2026, the Department of Homeland Security proposed a rule that would charge a $103,265 fee on each H-1B petition subject to the annual cap.[1]
The fee would apply to petitions for workers both abroad and already in the United States.[1] DHS projects the rule would generate roughly $8.8 billion per year and would exempt cap-exempt employers such as nonprofit universities and hospitals.[1]
A prior $100,000 H-1B fee tied to a September 2025 presidential proclamation was overturned by a federal judge in June 2026.[1] The government said it will appeal that decision.[1] U.S. Citizenship and Immigration Services said demand this year far exceeded the 85,000 annual H-1B cap, with more than 211,000 registrations.[1]
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📌 Key Facts
- On Monday, August 24, 2026, DHS proposed a rule imposing a $103,265 fee on each H-1B petition subject to the annual cap.
- The new fee would apply to workers both abroad and already in the U.S., unlike the earlier $100,000 fee tied to a September 2025 presidential proclamation.
- USCIS says demand for H-1Bs far exceeds the 85,000 annual cap, with more than 211,000 registrations this year.
- Homeland Security projects the rule would generate roughly $8.8 billion per year and would not cover cap‑exempt employers such as nonprofit universities and hospitals.
- A prior $100,000 H‑1B fee was thrown out by a federal judge in June 2026; the government has said it will appeal that decision.
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