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PROPOSED RULECOMMENTS CLOSED SEPTEMBER 24, 2026

Fee for Certain H-1B Petitions

Homeland Security Department

The Department of Homeland Security (DHS) proposes to establish a $103,265 fee, payable at the time of filing, for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption, which would be imposed in addition to all other applicable fees or payments. This fee would serve as a dedicated revenue mechanism to help recover a portion of the federal government's costs of administering the lawful immigration system, including activities carried out by DHS, the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), and the U.S. Department of Labor (DOL).

Published August 25, 2026Document 2026-17324

What happens next

The comment period closed on September 24, 2026. The agency now reviews the comments. If it goes ahead, it publishes a final rule in the Federal Register that responds to significant comments. We link it here when it appears. See what is open for comment now.

From the Federal Register as of November 3, 2026. Deadlines can change; the official document governs. Not legal advice.

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