$103,265 fee planned for all cap-subject H-1B petitions

The Trump administration is planning to place an additional fee of $103,265 on all H-1B petitions subject to the annual cap.

This fee – which will be proposed tomorrow in a draft rule from the Department of Homeland Security (DHS) – would apply regardless of whether the petition requests (or is approvable for) a change of status or consular notification.

DHS said the fee is needed to “generate dedicated revenue to support the costs of administering the lawful immigration system.”

Employers have 30 days to comment on the proposed rule under docket number USCIS-2026-029. After the comment period closes, the DHS will consider the public feedback and then issue a final rule with an effective date.

The H-1B visa allows employers to hire foreign workers in specialty occupations requiring a bachelor’s degree or higher. Workers typically are employed in fields involving computers and technology; architecture, engineering and surveying; education; and administrative specialization.

Last year, President Trump issued a proclamation requiring all new H-1B visa petitions to be accompanied by a $100,000 payment. But a federal court struck down the fee in June, saying it was arbitrary and capricious.