Federal Register #2026-17324

DHS Proposes $103,265 Fee for H-1B Cap-Subject Petition Processing

This opportunity involves 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) - Involvement from Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), Executive Office for Immigration Review (EOIR), Department of State (DOS), and Department of Labor (DOL) - Products/Services Requested: - Processing of H-1B cap-subject petitions (Form I-129) - 85,000 petitions annually - Additional fee of $103,265 per petition, including advanced degree exemption cases - Unique/Notable Requirements: - Fee is intended to recover full costs of administering the lawful immigration system - Revenue supports adjudication, vetting, enforcement, IT modernization, and operational costs across multiple agencies - Fee excludes cap-exempt petitions - Biennial fee reviews and adjustments anticipated - Significant economic impact on small entities filing H-1B petitions - No physical products or OEMs are involved; the procurement is for government services related to immigration petition processing - Public comments are invited on the proposed rule and methodology for fee-setting

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 help recover some 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 must be submitted by September 24, 2026.

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