Federal Register #USCIS-2026-0298

DHS Proposed $103,265 Fee for H-1B Cap-Subject Petitions

This opportunity concerns a proposed rule by the U.S. Department of Homeland Security (DHS) to establish a substantial fee for H-1B cap-subject petitions. - Government Buyer: - U.S. Department of Homeland Security (DHS) - U.S. Citizenship and Immigration Services (USCIS) - Service Requested: - Processing of H-1B cap-subject petitions (Form I-129) - Annual volume: 85,000 petitions - Fee: $103,265 per petition, including advanced degree exemption cases - Purpose and Scope: - Fee is intended to recover full costs of administering the lawful immigration system - Supports activities across DHS, DOJ, DOS, DOL, ICE, CBP, EOIR - Funds adjudication, vetting, enforcement, IT modernization, and fraud prevention - Notable Requirements: - Fee applies only to cap-subject petitions; cap-exempt petitions are excluded - Significant economic impact anticipated for small entities - Fee subject to biennial review and adjustment - Statutory authority under the Immigration and Nationality Act - No OEMs or commercial products are involved; this is a government service procurement - Public comments are invited on the proposed rule

Description

The Department of Homeland Security (DHS) proposes to establish a $103,265 fee, payable at the time of filing, for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. This fee would be in addition to all other applicable fees or payments. The purpose of this fee is to serve as a revenue mechanism to recover a portion of the federal government's costs of administering the lawful immigration system, including activities by DHS, DOJ, DOS, and DOL. Comments on this proposed rule are due by September 24, 2026.

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