Live status

Comment period closed — awaiting final rule

Agency is reviewing feedback before a final rule

  1. Published Aug 25, 2026
  2. Comments open Closes Sep 24, 2026
  3. Comments closed Sep 24, 2026
  4. Final / effective Awaiting final rule
Proposed Rule Comment period closed H-1B

Fee for Certain H-1B Petitions

Agency: Homeland Security Department

Document #: 2026-17324

Published: August 25, 2026

Comments close: September 24, 2026

Docket: CIS No. 2861-26

Who this affects

  • H-1B specialty workers
  • U.S. employers filing H-1B petitions
  • People paying USCIS / DHS filing fees

Inferred from the official title and Federal Register summary. Confirm on the official document — not legal advice.

Summary

The Department of Homeland Security (DHS) proposes to establish a $103,265 fee, payable at the time of filing, for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption, which would be imposed in addition to all other applicable fees or payments. This fee would serve as a dedicated revenue mechanism to help recover a portion of the federal government's costs of administering the lawful immigration system, including activities carried out by DHS, the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), and the U.S. Department of Labor (DOL).

Read on Federal Register PDF ← All rules

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