Employers planning for a future H-1B cap season may face a dramatically different cost structure. The Department of Homeland Security (DHS) has proposed a separate $103,265 fee for each H-1B cap-subject petition, including petitions for beneficiaries eligible for the advanced-degree exemption. This is a proposed rule—not a current fee—and it may change before any final rule takes effect.

Plain-English Explanation

The H-1B cap is the annual numerical limit that generally applies to new H-1B employment. DHS proposes adding a $103,265 fee when an employer files a cap-subject petition after selection. The agency says the fee would recover costs associated with administering the lawful immigration system across USCIS and other federal agencies. It would be separate from existing filing fees and from any payment required under a presidential proclamation.

Think of the proposal as adding a new, very large admission charge after an employer obtains a place in the H-1B cap process. Selection would still be necessary, but a selected employer could face this additional cost before the petition is adjudicated. The proposal does not say that every H-1B filing would pay it: DHS specifically describes cap-subject petitions, including advanced-degree exemption cases, rather than all extensions or cap-exempt filings.

Practical Impact

If finalized as proposed, the fee could reshape how employers budget, recruit, and decide which positions to sponsor. Smaller businesses, start-ups, nonprofits that are not cap-exempt, and employers hiring early-career professionals may feel the impact most sharply. Prospective workers could also see fewer organizations willing or able to participate in the cap process.

Example 1: A growing technology company has two selected cap registrations and plans to file both petitions. Under the proposal, the company could face two separate additional fees totaling $206,530, before considering other applicable filing costs. Whether the rule applies would depend on the final text and the nature and timing of each filing.

What We Know vs. What's Still Developing

We know DHS published the proposal under DHS Docket No. USCIS-2026-0298. The notice describes a $103,265 additional fee for H-1B cap-subject petitions, including petitions covered by the advanced-degree exemption. DHS calculated the amount by dividing the costs it seeks to recover by a projected annual volume of 85,000 fee-paying petitions.

Important questions remain open. The rule is not final, the effective date is not yet established, and DHS may revise the amount, scope, exemptions, or implementation details after reviewing public comments. Litigation or later agency guidance could also affect the rule. Employers should therefore distinguish between present obligations and forward-looking planning.

Example 2: An employer preparing an H-1B extension for a current employee sees the headline and assumes the new charge already applies. The proposal addresses cap-subject petitions and has not taken effect, so that assumption would be incorrect. The specific filing type and the rules effective on the filing date would control.

Why Legal Strategy Still Matters

H-1B cases do not all fit into the same fee category. A cap-subject first-time petition, a cap-exempt petition, an extension with the same employer, and a change of employer can involve different legal and financial considerations. The worker's prior H-1B history, the employer's status, the offered position, and filing timing all matter.

Long-range planning may become especially important if the final rule resembles the proposal. Employers may need to evaluate workforce needs earlier, understand which filings are actually cap-subject, and coordinate immigration decisions with realistic budgets. SanSha Law Office helps employers and professionals assess employment-based immigration options based on their particular circumstances.

What This Could Look Like For You

• Your company expects to sponsor one or more first-time H-1B workers in a future cap season.
• You are a student or other professional hoping an employer will pursue cap-subject H-1B sponsorship.
• Your organization needs to distinguish cap-subject hiring from cap-exempt or previously counted H-1B cases.
• Your hiring plan depends on costs, timing, and the availability of other employment-based classifications.

Common Misunderstanding

The proposed $103,265 charge is not currently due merely because DHS published the notice. A proposed rule begins a regulatory process; it does not create an immediate payment obligation. It is also different from existing USCIS filing fees and from the separate $100,000 payment associated with certain H-1B entry restrictions. The proposal states that overlapping obligations could apply separately if their legal requirements are met.

Questions People Are Asking

Is the $103,265 H-1B fee in effect now?

No. DHS has proposed the fee, but it would require completion of the rulemaking process and an effective final rule before becoming operative.

Would the proposal apply to every H-1B petition?

The proposal describes cap-subject petitions, including advanced-degree exemption cases, rather than every H-1B filing. Classification of a particular petition depends on its facts and the final rule.

Is this the same as the $100,000 H-1B payment?

No. DHS describes this proposed fee as separate from any payment required under a presidential proclamation. Depending on the rules in effect, more than one obligation could potentially apply.

Sources

• Federal Register — Proposed Additional Fee on H-1B Cap-Subject Petitions
• USCIS — Form G-1055, Fee Schedule

If you are unsure how these changes affect your case, the immigration attorneys at SanSha Law Office can help you understand your options and plan for timely renewals.

We hope this information helps you feel more confident as you navigate the immigration process. If you have any questions or need assistance with your specific case, contact us at SanSha Law Office today at 469-777-6161. Our team is here to support you every step of the way. Contact us today to get started or for a consultation — we're ready to help you move forward.

Disclaimer

We regularly update our blog section to acquaint the community with the latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.