DHS proposes a $103,265 fee on new H-1B lottery petitions
What changed
On August 25, 2026, the Department of Homeland Security published a proposed rule titled "Fee for Certain H-1B Petitions." Unlike the $100,000 payment, which came from a presidential proclamation, this fee would be set through formal notice-and-comment rulemaking. The public comment period closed September 24, 2026.
Under the proposal:
- Employers would pay $103,265 per cap-subject H-1B petition filed in calendar year 2027, on top of existing fees.
- The fee would apply regardless of employer size.
- DHS says the fee would recover program costs across several federal agencies.
Who would be affected
Employers that win the H-1B lottery and file new cap-subject petitions. The proposal would not apply to:
- Cap-exempt petitions, such as those from universities and nonprofit or government research organizations.
- Extensions or amendments for workers already in H-1B status.
- Petitions to move an H-1B worker to a new employer.
Workers who already hold H-1B status would not be affected by the proposal itself.
How it differs from the $100,000 payment
| $100,000 payment | $103,265 proposed fee | |
|---|---|---|
| Legal basis | Presidential proclamations (2025, extended 2026) | DHS proposed regulation |
| Main target | New petitions for workers outside the U.S. | New cap-subject petitions filed in 2027 |
| Status as of Oct. 28, 2026 | Blocked by court orders; appeals pending | Proposed; not in effect |
The court orders against the $100,000 payment do not cover this proposal. Read where the $100,000 fight stands.
What to do now
- Do not pay anything under this proposal. No fee is owed unless DHS publishes a final rule.
- Model your 2027 budget both ways with our sponsorship cost calculator.
- Review alternatives for key hires, such as O-1, L-1 or TN, where the facts fit. Our work visa finder compares options.
- Talk to counsel about timing for registrations and filings.
Key dates
- August 25, 2026: Proposed rule published in the Federal Register.
- September 24, 2026: Public comment period closed.
- Calendar year 2027: Period the proposed fee would cover, if finalized.
What it means for workers and students
For F-1 students planning to move from OPT to H-1B, the main question is whether employers will still sponsor new cap petitions at a much higher cost. Students may want to ask potential employers early whether they sponsor, and whether they qualify as cap-exempt. The proposal itself would charge employers, not workers.
Questions employers may want to raise with counsel
- Would our organization qualify as cap-exempt, for example through an affiliation with a university or nonprofit research body?
- Which planned hires need a new cap petition, and which could be handled as extensions or changes of employer?
- How would the fee interact with the $100,000 payment if courts later allow that payment to be collected?
- What is our plan if a final rule takes effect partway through the filing season?
What's next
DHS must review public comments before it can publish a final rule, and a final rule could change the amount or scope. Any final rule could also face legal challenges. We will update our H-1B guide and policy tracker when DHS acts.
Official sources
General information, not legal advice. Immigration rules change and every case is different; talk to a qualified immigration attorney about your situation. USVisa.com is not a government website. Spot an error? Tell us.
