Proposed $103,000 fee per H-1B petition: what employers need to know
For most small and mid-sized employers, the proposed figure ends the sponsorship conversation entirely. But nothing is in effect, and your business has a voice.
On August 25, 2026, USCIS published a proposed rule creating a new $103,265 fee for cap-subject H-1B petitions, including advanced degree exemption cases. Under the proposal, the revenue would fund immigration system costs across multiple federal agencies.
For scale: today, the full cost of an H-1B petition runs into the low thousands once registration, petition, and surcharge fees are added up. The proposal adds a figure that, for most small and mid-sized employers, ends the conversation about sponsorship entirely.
AILA, the national association of immigration lawyers, publicly opposed the rule, characterizing the charge as a tax on hiring foreign talent and a blow to U.S. innovation.
The most important point: this is still a proposal
None of this is in effect. It is a proposed rule, published in the Federal Register, subject to a 30-day public comment period that closes on September 24, 2026. Only after reviewing comments can the government issue a final rule, which may still change or face litigation.
- Do not cancel plans today over a proposal. No petition is subject to this fee right now.
- You have a voice. Affected employers may file formal comments during the 30-day window. Comments describing concrete, specific impact with real numbers from your business carry far more weight than generic opposition.
What to do now
- If you planned to sponsor H-1B in the next cap season, work through the budget under both scenarios, with and without the fee.
- Review your current foreign national workforce. The proposal addresses cap-subject petitions. Extensions and transfers for employees already in H-1B status need separate analysis.
- Consider alternatives. Depending on the professional's background and nationality, other visa or permanent residence paths may exist. Not every category is available to every country, and this has to be assessed case by case.
- If you want to comment, get help preparing something useful within the deadline.
Plan next cap season now
If your company hires or plans to hire foreign professionals, plan next cap season now with both scenarios on the table rather than waiting for the final rule.
This article is for general information only. It is not legal advice and does not create an attorney-client relationship.
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Frequently asked questions
- Is the $103,000 fee already being charged?
- No. It is a proposed rule, subject to a 30-day public comment period. No petition is subject to this fee right now, and the final rule may still change or face litigation.
- Does the proposal reach employees already in H-1B status?
- The proposal addresses cap-subject petitions, including advanced degree exemption cases. Extensions and transfers for employees already in H-1B status need separate analysis.
- Can my company do anything about the proposal?
- Yes. Affected employers may file formal comments during the 30-day window. Comments describing concrete, specific impact with real numbers from your business carry far more weight than generic opposition.