USCIS Proposes $103,265 H-1B Fee: What Employer-Sponsored Visa Applicants Need to Know in 2026

The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has proposed a sweeping new fee of $103,265 on each H-1B petition subject to the annual cap. This proposed rule is currently open for public comment until September 24, 2026, and does not yet have the force of law. The proposed fee would apply to all cap-subject H-1B petitions — including those filed under the 20,000 advanced-degree exemption for U.S. master's degree holders. Notably, unlike a prior $100,000 fee structure, this proposal does not distinguish between applicants inside or outside the United States, nor between change-of-status and consular processing petitions. When stacked on top of existing fees — including the Form I-129 filing fee, ACWIA fees, Fraud Prevention and Detection fees, and optional premium processing — the total employer cost per H-1B petition could become prohibitive for small businesses, startups, universities, and nonprofits. USCIS estimates the rule could generate approximately $8.8 billion annually based on roughly 85,000 cap-subject petitions per year. For EB-3 applicants and sponsoring employers, this development is significant context: many EB-3 beneficiaries are currently on H-1B status while awaiting green card approval. A dramatic increase in H-1B costs could affect employer willingness to sponsor or maintain dual-intent immigration pathways. It could also redirect employer resources away from EB-3 sponsorship pipelines. Employers who wish to oppose or comment on the rule must submit feedback through the Federal eRulemaking Portal (regulations.gov) under DHS Docket No. USCIS-2026-0298 before September 24, 2026. Email and mail submissions will not be accepted. Legal counsel is recommended to ensure comments are substantive and properly targeted.