The Proposal

On August 25, 2026, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking to impose a $103,265 fee on every H-1B petition subject to the annual statutory cap ^{[12] [16] [20]}. If finalized, the fee would apply to both the 65,000 regular allotment and the 20,000 advanced-degree exemption ^{[11] [12] [17]}. DHS estimates this measure would generate $8.78 billion annually to recover broad immigration-system costs ^{[14] [18] [19]}.

Industry Opposition

Major tech companies, represented by the trade association TechNet, have formally opposed the proposal, arguing it creates a severe barrier for startups and hinders global competitiveness in artificial intelligence ^{[1] [2] [6]}. Industry leaders contend the fee—which exceeds the median salary for many H-1B recipients—would discourage hiring and disrupt labor markets ^{[15] [19]}.

Legal and Regulatory Context

This proposal follows the judicial blocking of a prior $100,000 Presidential Proclamation fee ^{[15] [17]}. While that proclamation remains under litigation—and was recently extended through September 2027—DHS distinguishes the new $103,265 fee as an exercise of its formal statutory fee-setting authority under the Immigration and Nationality Act ^{[12] [18] [20]}. The public comment period closed on September 24, 2026, and the rule is not yet in effect ^{[11] [14] [17]}.

Sources

1. Proposed Significant Fee Increase For H-1B Cap Petitions
2. Proposed Significant Fee Increase For H-1B Cap Petitions – Work …
3. DHS Proposes $103,265 Fee for H-1B Cap Petitions (2026)
4. Explaining the Proposed $103k H-1B Fee | IFP
5. New H1B Visa Fee Proposal: Who Would Pay $103,265? – Work Visas …
6. DHS Proposes a $103,265 H-1B Filing Fee: What Employers Should …
7. Tech Industry Opposes $103,265 H-1B Fee
8. Tech Industry Says Trump's H-1B Fee Could Put U.S. Companies at …
9. DHS Proposes Staggering $103,265 Fee for All H-1B Cap-Subject …
10. Tech Companies Urge Trump Administration to Withdraw New $100,000 …