The U.S. Department of Homeland Security plans to propose a new fee on all cap-subject H-1B visa petitions, adding to a series of cost increases for employers seeking to hire foreign workers. According to an agency document, the proposed rule would require entities filing for these visas to pay a fee of $103,265 for each application. The fee is separate from the $100,000 fee announced last year by President Donald Trump, though officials say employers already subject to the previous charge would have to pay both where applicable.
DHS stated the new charge is intended to generate revenue to cover the costs of administering the lawful immigration system. The agency calculated the $103,265 figure by assessing the total interagency cost of maintaining the program. Interested parties have a 30-day window to submit public comments once the proposal is published, which is scheduled for Aug. 25, 2026.
Employers should expect litigation against the new fee once it is finalized, a source told HR Dive. This mirrors the response to last year’s $100,000 payment, which has already faced legal challenges. Caroline Tang, a shareholder at Ogletree Deakins, noted that litigation could target the proposed fee amount itself as potentially arbitrary and capricious.
USCIS clarified that the initial $100,000 proclamation would apply only to certain new petitions filed on or after Sept. 21, 2025. That announcement sparked litigation by parties including the U.S. Chamber of Commerce. While a judge in the U.S. District Court for the District of Columbia held in favor of the administration in January, a Massachusetts federal judge later vacated the proclamation and declared it unlawful. The 1st U.S. Circuit Court of Appeals last month declined to place a stay on that order.
The new fee would not apply to petitions that are not subject to the agency’s annual cap, which includes filings by U.S. higher education institutions and similar nonprofit entities. The program has been made more costly for employers in several other ways. In March, the U.S. Department of Labor announced a proposed rule to increase prevailing wage rates for H-1B visa holders, and DHS revived wage-based selection criteria.
Additional cost increases could be on the horizon, Tang said, noting that USCIS has reportedly considered instituting a fee on international students who participate in optional practical training, or OPT. Separately, DHS said earlier this month that it would propose a rule to eliminate the 60-day grace period for current H-1B visa holders whose employment expires prior to the expiration date of their visas. The administration is currently reviewing a ruling from the 9th Circuit regarding arbitration court claims.
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