On August 25, 2026, Department of Homeland Security (DHS) published a notice of proposed rulemaking to impose an additional fee of $103,265 on all cap-subject H-1B Petitions.  The public comment period ends on September 24, 2026.  The proposed rule must go through the regulatory clearance process before it becomes final.  Legal challenges to the rule are likely.

Cap-Subject Petitions

There is an annual cap on the number of new H-1B visas that may be granted each fiscal year.  Employers submit registrations in March for H-1B visa applicants.  When demand exceeds the number of visas available for the fiscal year, USCIS conducts a lottery in March to select H-1B beneficiaries from the pool of registrations submitted. The additional fee would be required at the time of filing for those selected in the lottery.

The proposed fee would apply to all cap-subject H-1B Petitions, including petitions for change of status and consular notification.  H-1B Petitions exempt from the annual cap, including petitions for extension or amendment of H-1B status and those filed by cap-exempt institutions, would not be required to pay the fee.

We will continue to monitor proposed changes impacting H-1B visas and provide updates as they become available.  Please contact your Van Der Hout representative if you have any questions or need specific legal advice.