The U.S. Department of Homeland Security (“DHS”) has issued a proposed rule that, if finalized, would impose a new $103,265 filing fee on cap-subject H-1B petitions, in addition to existing filing fees. DHS has indicated that the fee is intended to recover a portion of the federal government’s cost of administering the lawful immigration system and support immigration-related operations across multiple federal agencies.
The proposed fee would apply broadly to cap-subject H-1B petitions, including petitions eligible for the advanced degree exemption and those filed by small employers and nonprofit organizations. DHS acknowledges that the fee may reduce cap registrations and lead some employers to file fewer petitions. However, DHS states that cap-subject H-1B petitioners are required to have the resources to pay the sponsored workers and that the proposed fee is not significant when compared to those wage obligations.
Notably, the proposed fee would not apply to cap-exempt H-1B petitions, which are commonly utilized by nonprofit research organizations, governmental research organizations and educational institutions.
Practical Takeaways
Employers that rely on cap-subject H-1B sponsorship should begin assessing how the proposed fee could affect future hiring, immigration budgets and H-1B registration strategy. The proposed rule is open for public comment until September 25, 2026.
Hall Render’s Immigration Team is closely monitoring the proposed rule and its potential impact on employers. If you have questions or need assistance evaluating H-1B sponsorship strategies or submitting comments, please contact:
- Michael Kim at (317) 977-1418 or mkim@hallrender.com;
- Lindsay Ramsey at (317) 429-3637 or lramsey@hallrender.com;
- Charlotte Fillenwarth at (317) 977-1476 or cfillenwarth@hallrender.com;
- Moncerrat Alvarez Mora at (317) 977-1477 or mmora@hallrender.com;
- Kip Coljohn at (317) 429-3626 or kcoljohn@hallrender.com; or
- Your primary Hall Render contact.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer specific questions that would be legal advice.
