Fee for Certain H-1B Petitions

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security 8 CFR Part 106 [CIS No. 2861-26; DHS Docket No. USCIS-2026-0298] RIN 1615-AD20 AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of proposed rulemaking. SUMMARY: 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, which would be imposed in addition to all other applicable fees or payments. This fee would serve as a dedicated revenue mechanism to help recover a portion of the federal government's costs of administering the lawful immigration system, including activities carried out by DHS, the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), and the U.S. Department of Labor (DOL). DATES: Submission of Public Comments: Written comments must be submitted on or before September 24, 2026. The electronic Federal Docket Management System will accept comments before midnight eastern time at the end of that day. ADDRESSES: You may submit comments on the entirety of this proposed rulemaking package, identified by DHS Docket No. USCIS-2026-0298, through the Federal eRulemaking Portal: http://www.regulations.gov . Follow the website instructions for submitting comments. Comments must be submitted in English, or an English translation must be provided. Comments that will provide the most assistance to USCIS in implementing…