US Proposes 103K H1B Visa Filing Fee

The U.S. Department of Homeland Security proposed a new $103,265 filing fee on all cap-subject H-1B visa petitions on Monday, August 24, 2026, to generate revenue for federal immigration operations.

The draft regulation targets all employer petitions subject to the annual statutory cap, including those filed under the advanced degree master's exemption. If implemented, the measure would mark one of the largest cost increases for employment-based immigration in U.S. history.

The proposal follows recent federal court litigation that blocked the Trump administration's earlier effort to enforce a $100,000 entry fee on foreign workers entering from abroad. Unlike the previous executive proclamation, the new rule applies broadly to cap-subject petitions regardless of whether the prospective employee is already located inside the United States.

Federal officials intend to use revenue from the fee to offset an estimated $8.8 billion in annual costs across multiple federal agencies, including funding for U.S. Immigration and Customs Enforcement and federal immigration courts. Department of Homeland Security projections estimate that collecting the fee on approximately 85,000 annual cap-subject petitions would generate $8.78 billion annually.

Under the proposed revenue distribution, United States Citizenship and Immigration Services would receive $3.0 billion, while the Executive Office for Immigration Review would get $2.96 billion. The Department of Labor would be allocated $1.21 billion, Immigration and Customs Enforcement would receive $1.05 billion, the Department of State would acquire $484 million, and U.S. Customs and Border Protection would get $76 million.

The proposal would impose the $103,265 payment on top of existing base filing fees, anti-fraud charges, asylum program fees, and premium processing expenses. Exemption from the new charge applies only to cap-exempt petitions, universities, and affiliated non-profit institutions.

Agency impact assessments indicate that the added costs would disproportionately affect smaller businesses, with approximately 76 percent of small entities filing H-1B petitions expected to suffer a significant economic impact. The proposed rule is scheduled for official publication in the Federal Register on August 25, 2026, opening a 30-day public comment period.