United States: USCIS Proposes Significant New Fee for H-1B Cap Petitions

USCIS has proposed a new filing fee of $103,265 for all H-1B petitions subject to the annual H-1B cap. The proposed fee would apply to both change of status and consular processing cases and would be payable in addition to existing H-1B filing fees. Cap-exempt petitions, including extensions and petitions filed by cap-exempt employers, would not be affected.

The proposal was published on 25 August 2026 and is subject to a 30-day public comment period. The fee will not take effect unless USCIS completes the rulemaking process and issues a final regulation. If finalised, the fee would likely apply to cap-subject petitions filed in future H-1B cap seasons, beginning in spring 2027.

USCIS has stated that the proposed fee is intended to support the administration of the broader U.S. immigration system across multiple federal agencies. The proposal comes amid increased regulatory scrutiny of the H-1B programme, including recent measures affecting employer fees and proposed increases to prevailing wage requirements.

Impact on employers: The proposed fee would represent a substantial increase in the cost of sponsoring cap-subject H-1B workers and could significantly affect workforce planning, budgeting, and talent acquisition strategies. As the proposal is not yet final, employers may wish to consider submitting comments during the public consultation period. If implemented, the rule is expected to face legal challenges.

For assistance, please contact attorney Izidora Levi at [email protected].

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