The direct answer
Key takeaway
No employer owes the proposed $103,265 fee today. DHS has proposed—but has not finalized—an additional fee for cap-subject H-1B petitions, including advanced-degree-cap cases. Written comments are due September 24, 2026.
What DHS proposed
On August 25, 2026, the Department of Homeland Security published a proposed rule that would establish an additional $103,265 filing fee for cap-subject H-1B petitions. The proposed fee would include petitions eligible for the U.S. advanced-degree exemption and would be charged in addition to other applicable filing fees or payments.
This is a proposed rule, not a final rule. It has no current effective date, and employers do not owe this proposed fee now.
Which H-1B petitions would be affected?
As drafted, the proposal applies to H-1B cap-subject petitions, including advanced-degree-cap petitions. DHS states that it would not apply to all H-1B petitions, such as cap-exempt filings.
Whether a specific employer or petition is cap-exempt requires a case-specific legal review. An organization should not assume that it qualifies for an exemption based only on its industry or nonprofit status.
What employers should consider now
Employers planning future professional-worker sponsorship can use the comment period to evaluate timing, budget, organizational eligibility, and possible immigration strategies. No alternative classification is automatic; each option depends on the employer, position, employee, and long-term goal.
- Identify whether a planned filing would be cap-subject or potentially cap-exempt.
- Review the proposed position, wage, worksite, start date, and employee’s current status.
- Assess H-1B timing and case-specific alternatives before making employment commitments.
- Monitor the rulemaking after the September 24, 2026 public-comment deadline.
A separate H-1B and L-1 fee change takes effect September 9
A different final rule expands the existing $4,000 H-1B and $4,500 L-1 9-11 biometric fee to all extension-of-status petitions filed by covered employers. Covered employers generally have at least 50 employees in the United States, with more than 50 percent in H-1B or L-1 status. That final rule takes effect September 9, 2026 and should not be confused with the proposed $103,265 cap-petition fee.
Frequently asked questions
Quick answers
Must employers pay $103,265 for an H-1B petition now?
No. The amount appears in a proposed rule and is not currently an operative H-1B filing fee.
Would the proposal apply to every H-1B petition?
No. As drafted, it would apply to cap-subject petitions, including advanced-degree-cap cases. DHS states that the proposal would not apply to all H-1B petitions, such as cap-exempt filings.
When are comments on the proposal due?
Written comments are due September 24, 2026. The proposal has no current effective date.
Is this the same as the September 9 biometric-fee change?
No. A separate final rule effective September 9, 2026 expands the existing $4,000 H-1B and $4,500 L-1 9-11 biometric fee to extension filings by covered employers.
Sources and further reading
Use these links to review the reporting, official guidance or underlying rule.
Federal Register: Fee for Certain H-1B Petitions (Proposed Rule)Federal Register: 9-11 Response and Biometric Entry-Exit Fee Final Rule