DHS Proposes $103,265 Fee for H-1B Cap Petitions
The Department of Homeland Security has proposed a $103,265 fee for all H-1B cap-subject petitions, while Congress set a new federal funding deadline of
Congress has set a new federal funding deadline of December 11, 2026, moving it from September 30. This deadline could affect parts of the immigration system if lawmakers fail to pass another funding measure.
While U.S. Citizenship and Immigration Services (USCIS) operates primarily on fee revenue, making it less vulnerable to a full shutdown, a funding lapse could still disrupt processing that requires coordination with other agencies.
Funding deadline could slow interagency work
People filing common forms like the I-129, I-140, I-485, I-765, or naturalization applications should generally expect USCIS to continue its fee-funded operations. However, a report from VisaVerge states that a December 11 funding lapse could slow or interrupt immigration tasks that depend on support from other federal departments. This stopgap funding measure was designed to avoid a government shutdown fight before the November midterm elections.
The House passed its version of the funding bill on September 1, 2026, by a vote of 370-48. The Senate had passed its version on August 8, 2026, by a vote of 90-6.
| Chamber | Passage Date | Vote Tally |
|---|---|---|
| Senate | August 8, 2026 | 90-6 |
| House | September 1, 2026 | 370-48 |
Proposed H-1B fee reaches six figures
In a separate regulatory move, the Department of Homeland Security has proposed a fee of $103,265 for all H-1B cap-subject petitions. This includes cases eligible for the advanced degree exemption. The charge would be due at filing and would be in addition to other applicable fees.
The proposal completed its regulatory review on August 19, 2026, and was publicly announced by USCIS on August 24, 2026. It remains a proposed rule and has not taken effect. If finalized, it would substantially raise the upfront cost for employers seeking workers through the cap.
Cap-exempt filings would not face the new charge
The proposed $103,265 fee would not apply to all H-1B filings. It is specifically for cap-subject petitions. Cap-exempt filings, such as those from certain nonprofit research organizations, governmental research organizations, and institutions of higher education, would not be subject to this charge.
USCIS maintains a separate fee schedule for Form I-129 H and L filings. This includes other charges like the ACWIA fee and, for some large H-1B and L-1 employers, a fee tied to Public Law 114-113.
Existing backlogs add to system pressure
Recent backlog data shows the number of pending Form I-765 employment authorization applications grew by 446,650 cases, a 38 percent increase. These figures add pressure to an employment authorization system that could face further delays if related federal operations slow due to a funding lapse.
The funding deadline and the proposed H-1B fee involve two distinct processes. One concerns the expiration of a temporary funding measure. The other is a rulemaking proposal. Large employers are advised to check existing USCIS filing guidance for employer-based H and L fees, as the proposal could require substantially higher upfront costs. The federal funding measure expires on December 11, 2026.
