The U.S. Department of Homeland Security has proposed a significant increase to the cost of filing certain new H-1B petitions, introducing a fee of more than $103,000 for employers sponsoring foreign workers through the H-1B cap-subject process. The proposal, published in the Federal Register on August 24, 2026, would apply to employers seeking to hire new H-1B workers subject to the annual visa cap.
Under the proposed rule, the additional fee would create a substantial financial requirement for companies that rely on the H-1B program to recruit specialized professionals from abroad. The H-1B category allows U.S. employers to hire foreign nationals in specialty occupations requiring highly specialized knowledge, including positions in fields such as technology, engineering, healthcare, education, and research.
The proposed fee follows previous government efforts to increase costs associated with certain H-1B filings. Employers and immigration organizations have raised concerns regarding the potential impact of such measures on businesses that depend on access to global talent to address workforce needs and maintain competitiveness.
If implemented, the new fee could particularly affect companies that use the H-1B program to fill critical roles where qualified U.S. workers may be limited. Smaller employers, research institutions, healthcare providers, and organizations operating in specialized industries may face additional challenges when considering international recruitment.
Key considerations for employers include:
- The proposal is not yet a final rule and would need to complete the federal regulatory process before becoming effective.
- The additional fee would apply only to certain new cap-subject H-1B petitions, rather than all H-1B filings.
- Employers should evaluate future hiring plans and immigration strategies in light of potential changes to H-1B costs and requirements.
INLG will continue monitoring developments related to this proposal and evaluating how any final rule may affect employers and foreign professionals seeking H-1B sponsorship. Companies considering H-1B filings should carefully review timing, eligibility, and potential financial implications as additional guidance becomes available.