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H-1B UPDATE: USCIS PROPOSES $103,265 NEW FILING FEE

Published August 25, 2026

The Department of Homeland Security (DHS) has proposed a major new fee for certain H-1B petitions.

Key Points to Note:

Proposed Fee: $103,265 per H-1B cap-subject petition.

The fee would be in addition to existing H-1B filing fees.

It would also apply to cap cases under the U.S. advanced-degree exemption (Master’s Cap).

Cap-exempt H-1B petitions would not be subject to this proposed fee.

This is NOT yet a final rule and the $103,265 fee is not currently in effect. DHS is accepting public comments before deciding on a final rule.

The Bottom Line:

This proposal could dramatically increase the cost of sponsoring cap-subject H-1B workers if finalized. For now, H-1B employers and prospective applicants should monitor developments closely.

To read the Notice of Proposed Rulemaking, click the link: https://public-inspection.federalregister.gov/2026-17324.pdf

The ViServe Immigration Update: Navigate. Prepare. Succeed.
For informational purposes only. This communication does not constitute legal advice.

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