DHS proposes a $103,265 H-1B petition fee

The proposed fee would apply to cap-subject H-1B petitions, including students already here changing to H-1B status, on top of existing filing fees.

1 min read

Compliance Watch · Issue 01

Status: Comments due Sep 24

Jurisdiction: Federal · Topic: Immigration

Source: Federal Register, August 25, 2026

Back to the issue: all 12 updates in Issue 01

What changed

The proposed fee would apply to cap-subject H-1B petitions, including students already here changing to H-1B status, on top of existing filing fees.

What to do

If you sponsor H-1B workers, model the cost for the next cap season now. Cap-exempt petitions, such as universities and nonprofit research groups, would not pay it.

Primary source: Federal Register, August 25, 2026. Part of Compliance Watch, Issue 01 (September 11, 2026). Last reviewed September 11, 2026.

Questions employers ask

When does this take effect?
Comments due Sep 24. Employers nationwide should check the official notice for the exact scope: Federal Register, August 25, 2026.
Where is the official source?
The primary source is Federal Register, August 25, 2026. VertiSource HR links the government page rather than a summary of it.
What should employers do now?
If you sponsor H-1B workers, model the cost for the next cap season now. Cap-exempt petitions, such as universities and nonprofit research groups, would not pay it.

Questions about this update?

Every “What to do” line above is a task for someone at your company. Our clients hand the payroll and tax pieces to us and get an HR advisor for the rest.

General information from VertiSource HR, not legal or tax advice. How a rule applies depends on your company and your state. Check with us or your attorney before acting.

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