Chicago – August 24, 2026
The Trump administration has unveiled a proposed rule to impose a $103,265 fee on new H-1B visa petitions, marking its latest effort to restrict skilled foreign worker immigration after a federal court struck down a similar $100,000 charge in June.
Key Details of the Proposal
The Department of Homeland Security (DHS) announced the fee in a proposed rule published Monday, with official publication in the Federal Register scheduled for Tuesday, August 25, 2026, triggering a 30-day public comment period. The fee would apply to all H-1B cap-subject petitions, including the 65,000 regular cap and the 20,000 advanced-degree exemption, but would not affect cap-exempt employers such as universities, nonprofit research institutions, and government research organizations.
Unlike the earlier blocked initiative that targeted only applicants outside the United States, this proposal would apply to almost all new H-1B filings regardless of the beneficiary’s location. The fee must be paid at the time of filing, before the government decides whether to approve the application.
Rationale and Expected Revenue
DHS stated the fee is designed to recover interagency costs associated with administering the immigration system and to incentivize employers to hire American workers at higher wages. The administration estimates the levy could generate approximately $8.8 billion annually to fund immigration-related agencies, including Immigration and Customs Enforcement and the federal immigration court system.
Next Steps and Legal Challenges
The proposal is not yet finalized and could face fresh legal challenges from business groups and states that opposed the earlier fee. If finalized after the comment period and potential litigation, the rule could take effect by the end of 2026, ahead of the next H-1B cap season in spring 2027.
