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DHS proposes a $103,265 fee on every cap-subject H-1B petition

On August 25, 2026 DHS published a proposed rule adding a $103,265 fee to every cap-subject H-1B petition, on top of existing fees. It excludes cap-exempt filings, extensions, amendments and employer transfers. Comments are due September 24, 2026; if finalized it would hit petitions filed in 2027 for FY2028.

Why this matters for founders

Startups planning to sponsor new H-1B hires should budget for a dramatically higher cost or lean on cap-exempt and transfer paths, and can comment before Sep 24.

Source: Ogletree Deakins

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