USCIS Proposes $103,265 Fee for H-1B Cap-Subject Petitions – Comments Open August 25

WASHINGTON, August 24, 2026 — U.S. Citizenship and Immigration Services (USCIS) has proposed a new $103,265 fee that would apply to all H-1B petitions subject to the annual H-1B cap, regardless of whether the petition requests a change of status or consular notification.

The proposal will be published in the Federal Register on August 25, 2026, opening a 30-day public comment period. The rule would not take effect until USCIS considers public comments and finalizes the proposal.

Published: August 24, 2026 | By VisasUpdate.com Editorial Team

USCIS proposes $103,265 fee for all H-1B cap-subject petitions from August 2026

Key Details of the Proposed Fee

Aspect	Details
Proposed Fee	$103,265
Applicable Petitions	All H-1B cap-subject petitions
Applies To	Change of status AND consular notification petitions
Federal Register Publication	August 25, 2026
Comment Period	30 days (from August 25, 2026)
Effective Date	Only after final rule is issued

Note: The proposed rule was submitted to the Office of Management and Budget (OMB) on August 19, 2026 and cleared review on the same day — an unusually rapid clearance timeframe.

USCIS Justification

According to USCIS, the purpose of the new fee would be to support the administration of the entire lawful immigration system across several federal agencies. The fee would be used to help cover processing costs and administrative expenses.

Legal Challenges Expected

If the rule is finalized, it is likely to be challenged in court. The proposal was not included in USCIS's regulatory agenda released in July, making the rapid timeline unusual.

The proposed fee comes after a federal appeals court refused to pause a lower court ruling that struck down the Trump administration's proposed $100,000 fee on new H-1B visa applications.

Quick Reference Summary

Aspect	Details
Proposal Name	H-1B Cap-Subject Petition Fee
Proposed Fee	$103,265
Publication Date	August 25, 2026
Comment Deadline	30 days from publication
Current Status	Proposed rule (not yet final)
OMB Clearance	August 19, 2026 (same-day)
Legal Risk	Likely court challenges
Exemptions	None specified (all cap-subject petitions)

Read Also

• USCIS Expands Public Charge Review: New Green Card Guidance Takes Effect September 18

• USCIS Updates Form I-9 Guidance July 2026 for TPS Holders from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria & Yemen – New Expiration Dates & Employer Instructions

• US State Department Makes B-1/B-2 Visa Bond Program Permanent – Bond Amounts Increased to $20,000

Official Resources

Resource	Link
Federal Register (from Aug 25)	federalregister.gov
USCIS Official Website	uscis.gov
Regulations.gov (for comments)	regulations.gov

For the latest immigration updates, visa policy changes, and 2026 developments worldwide, visit: visasupdate.com/blog/category/usa

VisasUpdate.com – The world's most trusted visa intelligence hub.Unlock 2026 immigration breakthroughs, digital nomad policies, and real-time fee alerts—all in one place.

Bookmark us now: visasupdate.com/news – Stay ahead.