The Department of Homeland Security published a proposed rule on August 25, 2026 indicating that it intends to assess a $103,625 to all H-1B cap-subject petitions, in addition to regular H-1B petition filing fees.

This fee is distinct from the H-1B $100,000 entry (visa) fee that was implemented last year. This fee was struck down by a U.S. federal court, whose decision was upheld by a U.S. appeals court. As such, the $100,000 fee is not currently being enforced.

The proposed $103,625 fee would not apply to H-1B petitions filed by cap-exempt employers such as institutions of higher education, such as Brown. In addition, it would not apply to H-1B petitions filed to extend or amend the H-1B status of someone already counted against a previous H-1B annual cap. It would, however, affect any recent graduates seeking sponsorship from an H-1B employer subject to the annual cap.