The US Department of Homeland Security (DHS) published a proposed rule on August 24 to impose a new $103,265 fee on all H-1B visa petitions subject to the 85,000 annual cap, including those filed within the United States [1, 2, 3, 4, 5, 6, 7, 8].
The fee would cover petitions under both the 65,000 general cap and the 20,000 set aside for advanced degree holders. Hospitals, universities and nonprofit research institutions remain exempt since their petitions are not subject to the cap [1, 2, 3, 4, 7, 8].
The new fee replaces the Trump administration’s earlier attempt to charge $100,000 on H-1B petitions for workers hired from outside the US. Courts blocked that fee as unlawful, ruling it was a tax imposed without Congressional approval. The Trump fee was specifically limited to visa applications processed at consulates abroad, unlike the broader DHS proposal [1, 2, 3, 4, 5, 6, 7, 8].
Before the Trump administration’s effort, typical H-1B fees ranged from $2,000 to $5,000 [5, 7, 8]. DHS said the new fee aims to recoup federal costs related to immigration processing including fraud detection, security vetting, benefit adjudication and systems modernization [1, 5].
Legal challenges blocked the Trump-era fee in June and July 2026, with a federal judge in Massachusetts ruling the $100,000 fee unlawful and a court denying the government’s request to resume collecting it during appeal [5, 6, 8].
Unlike the earlier fee, the new proposal applies to all petitions subject to the H-1B cap, including those filed within the US or changing status. The technology and financial sectors, which heavily rely on H-1B visas to hire international talent, are expected to bear much of the impact [1, 2, 3, 4, 6, 7, 8].
Immigration attorney Emily Neumann noted, "Same number. New wrapper. Same playbook. Throw enough things at the wall to restrict legal immigration and eventually something might stick (this won't). For now, it is only a proposal. Nothing changes yet. And it would apply only to new H-1Bs selected in next year’s cap lottery. There will be a comment period. If it becomes final, there will be litigation." [6]
DHS will open a 30-day public comment period before finalizing the fee.
Timeline: - On September 19, 2025, former President Trump signed an executive order temporarily imposing the $100,000 H-1B fee [5, 6, 8]. - On June 8, 2026, a federal judge ruled that fee unlawful and barred its collection [5, 6, 8]. - On July 24, 2026, the First Circuit Court of Appeals refused to allow collection of the fee during appeal [6]. - On August 24, 2026, DHS proposed the new $103,265 fee, expanding it to all cap-subject petitions including those filed inside the US [1, 2, 3, 4, 5, 6, 7, 8].
