H-1B $103,265 Fee Proposal: Comment Period Closed 24 September

The proposed H-1B $103,265 fee, a new charge on every H-1B cap-subject petition, closed for public comments on 24 September 2026. The Department of Homeland Security (DHS) published the proposed rule in the Federal Register on 25 August 2026. It is not final and is not in force.

Key facts

• Proposed fee: $103,265 per H-1B cap-subject petition, paid at filing.
• Published as a proposed rule on 25 August 2026 (RIN 1615-AD20, docket USCIS-2026-0298).
• Public comment deadline: 24 September 2026. The Federal Register page showed 11,706 comments received when we checked.
• It would cover petitions under the regular cap and the US master’s (advanced degree) cap.
• Cap-exempt petitions, such as those filed by universities, would not pay it, according to university and law-firm summaries.

What changed

DHS proposes to “establish a $103,265 fee, payable at the time of filing, for all H-1B cap-subject petitions.” The text says this would come on top of all other filing fees. DHS calls it a way to recover part of the government’s cost of running the legal immigration system.

This is separate from the earlier $100,000 payment set by a presidential proclamation in 2025, which we covered in our article on the H-1B $100,000 fee for F-1 and OPT students. University and law-firm updates describe that earlier fee as vacated by a court. The new proposal tries to set a fee through the formal rulemaking process instead. The proposed rule says the new fee would be “in addition to any other applicable fees or payments”, including any separate payment required under a proclamation.

The proposal does not change the H-1B registration or lottery. The fee would be charged when the employer files the petition after selection.

Who is affected

If finalised, the H-1B $103,265 fee would be paid by the petitioner, which is the sponsoring employer. The Federal Register summary uses the phrase “all H-1B cap-subject petitions” and does not separate workers inside the US from those abroad.

Employers that are cap-exempt, such as universities and certain nonprofit research bodies, would not be covered, according to Boston University’s international office.

What it means for Nepali and Indian students

Most Indian and Nepali graduates get their first H-1B through the cap lottery, often while on OPT or STEM OPT. If this fee becomes final, each of those petitions would cost the employer an extra $103,265.

Boston University’s international office says the direct impact on students is limited, because the employer pays. But higher costs may make some employers less willing to sponsor new graduates. Students planning to rely on H-1B after OPT should keep other options in mind, including cap-exempt employers.

What to do now

1. Remember this is a proposal only. No one pays this fee today.
2. If you are on OPT or STEM OPT and hope for H-1B sponsorship, ask your employer early whether its plans have changed.
3. Look at cap-exempt employers, such as universities and affiliated research organisations, which would not pay this fee.
4. Keep your F-1 and OPT status in order while the rule is pending. Our guide to maintain F-1 status covers the basics.
5. Watch for a final rule in the Federal Register. A final rule would state the effective date.

What we don’t know yet

• When, or whether, DHS will publish a final rule. Our reading of the Federal Register page suggests the first affected season would likely be the FY 2028 cap, but that depends on timing.
• Whether a final rule would be challenged in court, as the earlier $100,000 fee was.
• How DHS reached the exact $103,265 figure. The summaries we read gave different cost totals and petition counts, so we have left these out.
• Whether employers would be allowed to pass the cost to workers. The proposed rule text we reviewed did not address this directly.

Frequently asked questions

Is the H-1B $103,265 fee in effect now?

No. It is a proposed rule published on 25 August 2026. Comments closed on 24 September 2026. It would only apply after DHS publishes a final rule.

Does the fee apply to the H-1B lottery registration?

No. The proposal does not change registration or selection. The fee would be paid by the employer when filing the petition after selection.

Would OPT students changing to H-1B inside the US pay it?

The proposal covers “all H-1B cap-subject petitions” and does not exempt change of status cases in the text we reviewed. The employer, not the student, is the petitioner.

Sources

• Federal Register: Fee for Certain H-1B Petitions
• Boston University ISSO: Proposed Fee for Cap Subject H-1 Petitions
• Fragomen: DHS to Propose New H-1B and OPT Fees
• Day 1 CPT: New $103,265 H-1B Fee Proposal: What F-1 and OPT Students Need to Know

Last checked: 2 October 2026. This is general information, not immigration advice.