The U.S. Department of Homeland Security has proposed a new $103,265 fee for certain H-1B visa petitions, and the deadline to submit public comments closes on September 24, 2026.
The 30-day comment period began when DHS published the proposed rule in the Federal Register on August 25, 2026, giving employers, workers, and other stakeholders less than a month to weigh in before the agency decides whether to finalize the fee. The fee would apply only to "cap-subject" H-1B petitions filed in calendar year 2027—the annual quota of positions that employers must vie for through the visa lottery. The stated purpose is to fund the administration of H-1B cap-subject petition processing and compliance activities, according to the regulatory notice.
Official resources:
- Register through Federalregister’s official page — Use this page to review requirements and register directly.
- Read the official notice from Natlawreview — Use this primary source to verify the official announcement.
Table of Contents
- Which H-1B petitions would be charged the fee
- Who pays and when the fee applies
- How to submit a public comment by September 24
- What employers and workers should consider
- What happens after the comment period closes
- Frequently Asked Questions
Which H-1B petitions would be charged the fee
The $103,265 fee applies only to cap-subject H-1B petitions, which include both the general annual cap and the advanced-degree Master's cap quota. Cap-exempt petitions would not be charged—those filed by universities, nonprofit research institutions, and government research organizations remain exempt. Extensions, amendments, or employer changes for workers already holding an H-1B visa would also avoid the fee.
In practice, this means that employers competing in the annual visa lottery for new workers would pay the fee upon filing, while larger institutional employers and employers sponsoring existing H-1B holders would not. Understanding this distinction matters because it narrows who faces the new cost.
Who pays and when the fee applies
Employers, not visa applicants or workers, would bear the cost of the fee when filing cap-subject petitions at USCIS. The fee would be collected beginning with petitions filed in calendar year 2027—not 2026. This means employers currently in the hiring process for 2026 H-1B workers are not affected, but those planning cap-subject petitions for 2027 and beyond should account for the new cost. The fee is described in the proposal as collected "in addition to existing fees," meaning it stacks on top of the current H-1B filing fees employers already pay.
How to submit a public comment by September 24
The comment period closes at the end of September 24, 2026. Anyone wishing to submit feedback on the proposal should include the document ID **USCIS-2026-0298-0001** in their submission to ensure their comment is properly tracked and reviewed. Comments should explain the commenter's position on the fee—whether they support it, oppose it, or seek modifications—and any reasoning based on the proposal's economic or operational impact. Comments are submitted through the channels specified in the Federal Register notice, which will detail the exact submission method (typically via the Federal Register's electronic comment portal).
What employers and workers should consider
For employers planning cap-subject H-1B sponsorships in 2027, the new fee represents a significant additional cost per petition filed. Companies should review their hiring budgets and sponsorship strategies to determine how the fee affects their recruitment plans. Workers hoping to secure H-1B sponsorship should be aware that employers may adjust hiring numbers or who they sponsor, depending on how they absorb or pass along the added cost.
For those whose employers sponsor them via cap-exempt categories—such as university researchers or nonprofit organizations—or for those already on H-1B seeking extensions or employer transfers, the fee does not apply. The fee's impact is concentrated on the cap-subject lottery population, which represents the majority of H-1B petitions filed annually.
What happens after the comment period closes
After September 24, DHS will review all submitted comments, consider any requested changes, and decide whether to finalize the rule as proposed, modify it, or withdraw it. There is no set timeline for this decision, so employers and workers may not know the final rule status for weeks or months. The prudent approach is to plan for the fee's implementation while monitoring DHS announcements for any updates on the rule's status.
Frequently Asked Questions
Does this fee apply to people already on H-1B visas who want to extend or change employers?
No. The fee applies only to cap-subject petitions filed for new workers in calendar year 2027 and beyond. Extensions, amendments, and employer changes for existing H-1B holders are exempt.
Would cap-exempt employers like universities have to pay the fee?
No. The fee applies only to cap-subject petitions. Cap-exempt petitions filed by universities, nonprofit research institutions, and government research organizations are not charged the fee.
When would the fee start being collected?
If finalized, the fee would apply to cap-subject H-1B petitions filed in calendar year 2027 and later. Petitions filed in 2026 would not be affected.