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New Public Charge Rule Takes Effect Sept. 18, 2026 - File Your I-485 Now Under Current Standards »
The cost of sponsoring some H-1B workers could change dramatically under a new proposal from the Department of Homeland Security.
On August 25, 2026, DHS published a Notice of Proposed Rulemaking that would establish an additional $103,265 fee for H-1B cap-subject petitions, including petitions for beneficiaries eligible for the U.S. advanced-degree exemption. The fee would be paid when the qualifying petition is filed and would come on top of other applicable immigration fees or payments.
That number is understandably getting attention from employers and H-1B professionals. But one distinction matters immediately: this is a proposal, not a final rule currently in effect. Public comments are being accepted through September 24, 2026, and DHS could modify the proposal before issuing any final regulation.
For professionals already working in the United States in H-1B status, the proposal is also a reason to understand exactly what would change, and what would not.
DHS is proposing an additional $103,265 charge for each H-1B cap-subject petition.
The H-1B program is generally subject to an annual numerical limit of 65,000, with an additional 20,000 places associated with the U.S. advanced-degree exemption. The proposed fee would apply to cap-subject petitions in both groups.
The proposal would make this amount a separate fee rather than simply increasing the existing Form I-129 H-1B filing fee.
In practical terms, that means the proposed H-1B petition cost could include:
DHS specifically states that the proposed $103,265 amount would be in addition to, rather than a replacement for, other applicable payments.
DHS says the purpose is broader than recovering the administrative cost of adjudicating one H-1B petition.
According to the proposal, the government wants to use the revenue to recover part of the cost of administering the broader lawful immigration system across several federal agencies. The proposed funding would support activities such as:
DHS projects approximately 85,000 fee-paying cap-subject petitions annually. At $103,265 each, that would generate approximately $8.78 billion per year if filing volume meets the agency's projection.
This helps explain why the proposal is attracting far more attention than an ordinary USCIS filing-fee adjustment. The amount reflects costs DHS attributes to multiple parts of the immigration system rather than only the administrative work involved in adjudicating an individual H-1B petition.
No.
One of the most important details is that the proposed new H-1B fee would apply specifically to cap-subject petitions.
DHS states that it is not proposing the $103,265 fee for petitions that are not subject to the H-1B cap. That includes qualifying cap-exempt filings, such as certain petitions involving institutions of higher education, nonprofit research organizations, and governmental research organizations.
This distinction is especially important for people who already hold H-1B status. The announcement does not mean that every existing H-1B worker would suddenly owe $103,265 or that every future H-1B filing would carry that fee.
The proposed charge is directed at the petitioner filing a qualifying cap-subject petition.
Applicants and employers should therefore avoid treating headlines about a “$103,265 H-1B visa fee” as if they apply uniformly to every H-1B case.
H-1B workers are employed across technology, research, education, engineering, health care, finance, and other specialty occupations that often require advanced knowledge and education.
The scale of the proposed fee could therefore influence how some employers approach future sponsorship decisions.
DHS itself acknowledges that some employers may file fewer cap-subject petitions if the rule is finalized. Its regulatory analysis also concludes that the proposal could have a significant economic effect on a substantial number of small entities. Of the 14,541 cap-subject petitioners DHS identified as small entities in its FY 2025 analysis, the agency estimated that 76% could experience a cost impact exceeding 1% of revenue, its threshold for a significant impact in that analysis.
Reuters has also noted the importance of H-1B professionals to technology and other sectors, while business groups argue that the program helps employers recruit highly skilled workers and fill specialized talent needs.
The longer-term effect, however, cannot yet be known because DHS has not finalized the proposal.
For most current H-1B professionals, the immediate message is not that their existing status has changed.
Instead, the proposal highlights how quickly the cost and regulatory environment surrounding employment-based immigration can change.
A professional already in H-1B status may be at one of several stages:
Those situations have very different legal consequences.
The proposed H-1B fee does not determine whether someone qualifies for a green card, nor does it create a new right to file Form I-485.
Also Read: 2026 Public Charge Rule: Why Filing Form I-485 Before September 18 Is Important
The proposal makes it reasonable for H-1B professionals to review their long-term immigration plans, particularly if an employer or family-based immigration process is already underway.
H-1B status allows for what immigration law commonly refers to as dual intent. An H-1B worker may be the beneficiary of an immigrant petition and, when otherwise eligible, may pursue Adjustment of Status without that immigrant intent automatically conflicting with H-1B status. USCIS materials recognize that H-1B workers may take steps toward permanent residence.
But that does not mean every H-1B holder should file Form I-485 because DHS has proposed a higher H-1B fee.
Adjustment eligibility can depend on factors such as:
An immigration attorney should determine whether an H-1B professional is currently eligible to adjust status and whether filing is appropriate.
The more useful takeaway is this: if you already have a viable path toward permanent residence, major changes in employment-based immigration policy are a good reason to review that plan rather than assume today's H-1B framework will remain unchanged indefinitely.
For H-1B professionals who are already eligible and preparing to file Form I-485, the immigration medical examination is a separate but important part of the process.
Form I-693, Report of Immigration Medical Examination and Vaccination Record, is completed by a USCIS-designated Civil Surgeon and documents compliance with applicable health-related immigration requirements.
Current USCIS policy requires certain Adjustment of Status applicants to submit Form I-693 with Form I-485, making medical-exam timing part of filing preparation rather than something applicants should automatically leave until much later.
The examination may involve:
Because vaccination records, laboratory testing, or follow-up requirements can take additional time, applicants who already know they are preparing an Adjustment of Status filing should avoid waiting until the last moment to arrange the medical portion.
The proposed $103,265 H-1B fee is not currently in effect.
DHS is accepting public comments through September 24, 2026, after which the agency must consider the comments before determining whether and how to move forward with a final rule.
For current H-1B professionals, this is therefore a time for planning rather than reacting to headlines.
If you are uncertain about your H-1B status, employer sponsorship, immigrant petition, priority date, or eligibility to file Form I-485, discuss those questions with a qualified immigration attorney.
If you are already eligible and preparing for Adjustment of Status, make sure the required medical portion of the application is also moving forward.
The proposed H-1B fee increase is a reminder that employment-based immigration policies can change quickly. For H-1B professionals who already have a potential path to permanent residence, this may be a good time to review their options with a qualified immigration attorney. The proposed $103,265 fee does not create eligibility for Adjustment of Status or mean every H-1B holder should file Form I-485.
If you are already eligible and preparing to adjust status, the immigration medical exam is an important part of that process. Steven Wittenberg Gordon, MD, a USCIS-designated Civil Surgeon, can help complete the required medical exam, vaccination review, testing, and Form I-693 documentation.
Schedule your exam early enough to support your planned filing timeline.
