DHS Proposes Unprecedented $103,265 Fee for H-1B Cap-Subject Petitions

The Department of Homeland Security (DHS) has proposed a new rule that would impose an additional $103,265 fee on every H-1B petition subject to the annual statutory cap, a move that could significantly increase the cost of employing highly skilled foreign talent. This proposal, scheduled for publication in the Federal Register on August 25, 2026, follows a previous attempt by the Trump administration to impose a similar fee that was struck down by a federal court. Vice President JD Vance has publicly supported the proposed fee.