At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On August 25, 2026, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register that would add a $103,265 fee to every H-1B petition subject to the annual cap.
The headline is alarming, especially if you are an F-1 student waiting on the lottery or a professional with a job offer in the United States. Here is what we know, what we do not, and what you can do.
What Is Happening?
The proposal, filed under docket USCIS-2026-0298, would create a $103,265 fee that the employer pays at the time of filing, on top of all existing fees. According to DHS, the amount is meant to recover immigration-system costs spread across several agencies: U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), the immigration courts (EOIR), the State Department, and the Department of Labor.
This is not the government’s first attempt at a charge of this size. In September 2025, President Trump signed a proclamation imposing $100,000 on new H-1B entries. On June 8, 2026, a federal judge in Massachusetts struck it down as a tax that only Congress can create, and in July the First Circuit Court of Appeals declined to pause that ruling. According to specialized press reports, the $100,000 fee is not being collected while the appeal continues.
What is different now is the legal route: instead of a presidential proclamation, DHS is using formal rulemaking and citing its fee-setting authority under the Immigration and Nationality Act (INA). It is a regulatory proposal, not a fee in effect today.
Who Would It Affect?
Based on the Federal Register text and the USCIS press release, the fee would apply to H-1B petitions subject to the annual cap, meaning the ones competing for the 65,000 regular visas and the 20,000 reserved for holders of a U.S. master’s degree or higher.
- New cap petitions: every petition entering the annual lottery, whether the beneficiary is abroad or already inside the United States.
- Changes of status: the proposal expressly covers people changing status from within the country, such as an F-1 student moving to H-1B for the first time.
- Cap-exempt petitions: these would not pay the fee. This includes universities, nonprofit research organizations, government research entities, and nonprofits affiliated with institutions of higher education.
- Extensions, amendments, and employer changes: the proposal excludes extensions of stay, amendments, and petitions that are not subject to the cap.
In short, if you already hold H-1B status and your employer is simply renewing it, the current text would not charge you this fee. The impact falls on new hires.
Attorney Alejandra Campos summed it up on the Campos Law Firm Instagram:
Is the Fee Already in Effect?
No. A proposed rule is the first step in a process that can take months. DHS opened a 30-day public comment period that closes on September 24, 2026. It must then review those comments and publish a final rule, which would set its own effective date. For now, the proposal does not say which lottery season it would first apply to.
The final rule is also very likely to face lawsuits, as the 2025 proclamation did. Immigration attorneys quoted by Forbes question whether the amount is actually tied to the cost of adjudicating an H-1B petition, and the American Immigration Lawyers Association (AILA) has already published a summary of the rule for its members. That legal debate remains open.
What Does This Mean If You Are Waiting on an H-1B?
The real impact depends on your employer. Today, filing an H-1B petition costs a company a few thousand dollars between the base Form I-129 fee, the ACWIA fee, the fraud prevention fee, and the asylum program fee. Adding $103,265 would change the math entirely for many companies, especially small ones: according to data cited by Forbes, more than 61% of employers with approved H-1B petitions in fiscal year 2025 had only one.
Keep in mind that, under current law, there are H-1B costs an employer cannot pass on to the worker. If someone suggests you “help cover” a fee like this out of your own pocket, talk to an attorney before agreeing to anything.
What Can You Do Now?
- Do not make rushed decisions: the fee does not exist yet. Changing plans, quitting a job, or leaving the country over a headline can cost you more than waiting for the final rule.
- Review your current situation: if you are in F-1 status on OPT or STEM OPT, confirm your expiration dates and grace period. Your priority is not losing the status you already have.
- Talk to your employer: ask whether they plan to file in the next lottery and whether they are aware of the exemptions for cap-exempt employers.
- Explore alternatives: depending on your profile, other paths may exist, such as O-1, L-1, TN for citizens of Mexico and Canada, or petitions through cap-exempt employers. Every case is different and requires individual evaluation.
- Take part in the process: anyone can submit comments to DHS through regulations.gov until September 24, 2026, citing docket USCIS-2026-0298.
As Attorney Alejandra Campos reminds us: do not make decisions based on rumors or headlines. In a country where every decision can change your future, having the right information is your best tool.
Protect Your Immigration Status with Campos Law Firm
A proposal like this creates uncertainty for students, professionals, and employers. At Campos Law Firm, we help you understand how it affects you based on your current status, plan for the next H-1B season, and evaluate other work visa and immigration options if the landscape changes. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
English 
Spanish 
