DHS proposes new $103,265 fee for H-1B visa petitions
A proposed Department of Homeland Security rule would add a large new fee to most H-1B skilled-worker visa petitions — relevant to anyone in the diaspora on, or applying for, that visa category.
By Eyob Hadgu · 24 August 2026 · Updated 23 September 2026
The Statue of Liberty, New York. Photo: 銀河市長 / Wikimedia Commons, CC BY-SA 4.0
The US Department of Homeland Security has proposed a new $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption, according to a DHS announcement carried by USCIS.
Under the proposed rule, the additional fee would not apply to H-1B petitions that are not subject to the cap, such as petitions filed by certain nonprofit research organizations, governmental research organizations and institutions of higher education. The fee would be paid at the time of filing, on top of all other applicable fees or payments.
"The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers," said USCIS spokesperson Zach Kahler.
DHS estimates the fee would raise about $8.8 billion a year, based on a projected 85,000 cap-subject petitions annually. The number of cap-subject H-1B visas issued each year is limited to 65,000, with an additional 20,000 for people who have earned a master's or higher degree from a US institution.
Who in the diaspora it could affect
The H-1B category is used by skilled workers sponsored by a US employer, including some members of the Eritrean diaspora working or seeking to work in specialised fields. As proposed, the fee would apply to cap-subject petitions regardless of nationality. Workers whose sponsor is a university or a nonprofit or government research body would fall outside it, because those petitions are cap-exempt.
This is a proposed rule, not a final one. The notice of proposed rulemaking is available at the Federal Register. Proposed DHS rules typically go through a public comment period before taking effect, and the details — including exactly who is affected and when it would start — can change before finalization.
This is information, not legal advice. Anyone with an active or planned H-1B petition should confirm current requirements directly with USCIS or a qualified immigration attorney rather than relying on this summary.
Source: DHS/USCIS announcement, "DHS Proposes Additional H-1B Fee" — https://www.uscis.gov/newsroom/news-releases/dhs-proposes-additional-h-1b-fee
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