The Trump administration is proposing a new $103,265 fee for H-1B petitions, a move that could push the cost of sponsoring some foreign workers above $200,000 when combined with a separate $100,000 payment introduced previously.
The proposed fee, announced by the Department of Homeland Security, would apply to all cap-subject H-1B petitions, including those eligible for the advanced degree exemption. It would be charged in addition to existing H-1B filing fees and other applicable payments.
The proposal could have a significant impact on U.S. employers that rely on the H-1B program to recruit foreign professionals, particularly in technology, health care and other specialized fields. Indian professionals could be disproportionately affected because Indian nationals account for a large share of H-1B approvals.
READ: DHS proposes $103,265 fee for new H-1B cap-subject petitions (August 24, 2026)
The $103,265 charge is separate from the previously introduced $100,000 H-1B payment. If both measures were ultimately applied to the same petition, employers could face more than $200,000 in combined fees and payments, before accounting for other existing costs.
DHS said the proposed $103,265 fee would serve as a dedicated revenue mechanism to help cover the federal government’s costs of administering the lawful immigration system, including activities at DHS, the Department of Justice, the Department of State and the Department of Labor.
The department estimates the new fee could generate billions of dollars in revenue. The proposal comes as the Trump administration continues to overhaul the H-1B program and increase the costs associated with employing foreign workers in the United States.
READ: Proposed H-1B fee rule clears White House review (August 20, 2026)
The new fee is not yet in effect. DHS published the proposal as a notice of proposed rulemaking, opening a public-comment period that runs through Sept. 24, 2026. The agency would need to review comments and issue a final rule before the fee could be implemented.
The proposed charge also comes amid ongoing legal uncertainty surrounding the separate $100,000 H-1B payment. The Trump administration’s earlier fee has faced litigation, adding another layer of uncertainty for employers and foreign professionals navigating the H-1B system.


