What’s Happening

On August 25, 2026, the Department of Homeland Security (“DHS”) is scheduled to publish a proposed rule that would impose a new $103,265 fee on all cap-subject H-1B petitions. The fee would apply to petitions filed under both the regular H-1B cap and the advanced-degree exemption and would be charged in addition to all other required filing fees.

It is important to note that the proposal is not yet final and will not take effect upon publication. DHS must first accept and review public comments and publish a final rule with an implementation date.