08/28/2026
DHS has proposed a $103,265 fee for H-1B cap-subject petitions, including petitions eligible for the U.S. advanced-degree exemption (the “master’s cap”). The proposed fee would be in addition to all other applicable H-1B fees.
From an employer perspective, the scope is critical. The proposal targets cap-subject H-1B petitions, rather than every H-1B filing. It therefore would not generally apply to routine H-1B extensions, amendments, or transfers of employer that are not themselves subject to the H-1B numerical cap.
For companies planning their hiring and immigration strategies, the practical impact could be significant. A six-figure government fee would materially change the cost-benefit analysis of sponsoring a new H-1B worker subject to the cap, particularly for startups and smaller employers.
Importantly, this is a proposed rule—not a final fee. Employers should therefore avoid making decisions based on the assumption that the $103,265 charge is currently in effect.
That said, companies with potential H-1B candidates should be reviewing their FY 2027 cap strategy now, including timing, alternative visa options, and which candidates may qualify for cap-exempt H-1B classification.
As always with proposed immigration changes, the details matter. If you are a company considering a foreign national candidate, contact us today for a complimentary 15 minute call for expert guidance: huwelaw.com 415-496-9040
Hurtubise Weber Law LLP provides immigration & other related services in San Francisco & San Jose, CA. Contact us to schedule a consultation today.
