DHS Proposes a $103,265 Fee for New H-1B Cap-Subject Petitions

Kublan Khan PLC — Tue, 25 Aug 2026 19:27:27 GMT

A newly proposed DHS rule would add a six-figure fee to every cap-subject H-1B filing — including advanced degree exemption cases. Here’s what employers and prospective workers need to know while the rule is still in the proposal stage.

$103,265
Proposed fee per cap-subject H-1B petition, due at filing

$8.8B / yr
DHS revenue estimate, based on ~85,000 petitions annually

The Department of Homeland Security (DHS) has proposed a new rule that would add a $103,265 fee to every H-1B cap-subject petition — including petitions filed under the advanced degree (master’s) exemption. If finalized, this would be one of the largest single fee increases in the history of the H-1B program, and it would apply on top of every other fee already required to file.

What DHS Is Proposing

Under the proposed rule:

A $103,265 fee would apply to all cap-subject H-1B petitions, due at the time of filing.
The fee applies in addition to all existing filing fees, not in place of them.
The advanced degree exemption — the additional 20,000 slots set aside for holders of a U.S. master’s degree or higher — would not shield a petition from the new fee.
Cap-exempt petitions would not be subject to the fee, including petitions filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education.

The H-1B cap itself is unchanged: 65,000 visas/status grants under the regular cap, plus 20,000 reserved for individuals with a qualifying U.S. master’s degree or higher.

Why DHS Says It’s Doing This

DHS frames the fee as a cost-recovery measure. According to the agency, the revenue would help fund the broader machinery behind the lawful immigration system, including adjudication of immigration benefits, fraud detection and national security vetting, systems modernization, records and fee collection operations, immigration court operations, consular visa processing, labor standards enforcement, and interagency coordination.

DHS estimates the fee would generate roughly $8.8 billion annually, based on a projected volume of about 85,000 cap-subject H-1B petitions per year.

“The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers.” — Zach Kahler, USCIS spokesperson

Who This Affects

This proposal is squarely aimed at cap-subject petitions — the pool of employers registering candidates in the annual H-1B lottery and filing petitions for selected beneficiaries. It does not, as proposed, apply to petitions that are exempt from the cap in the first place, such as those filed by qualifying nonprofit research organizations, governmental research organizations, and institutions of higher education.

What Happens Next

This is a Notice of Proposed Rulemaking (NPRM) — it is not yet final. Proposed rules of this kind typically go through a public comment process before DHS can adopt, revise, or withdraw them. Employers, universities, and prospective H-1B workers should watch the rulemaking closely, as the final fee amount, effective date, and scope could all change before the rule takes effect.

What Employers and Prospective H-1B Workers Should Do Now

Budget early. If your organization sponsors H-1B workers, start planning for a materially higher per-petition cost well before the next registration cycle.
Review your cap-subject vs. cap-exempt status. Employers affiliated with universities or qualifying research institutions should confirm whether their petitions may fall outside the cap — and outside this fee.
Don’t wait to engage counsel. Timing matters in H-1B cases. Understanding how this rule could affect your hiring plans now will put you in a stronger position once it’s finalized.
Watch the comment period. Employers and stakeholders with concerns about the proposed fee may have the opportunity to submit comments before the rule is finalized.

How Kublan Khan PLC Can Help

Our immigration team is monitoring this rulemaking closely and will provide updates as the process moves forward. If you are an employer planning H-1B sponsorship, or an individual with questions about how this proposal could affect your case, contact us at (703) 854-1081 to discuss your options.

This article is provided for general informational purposes only and does not constitute legal advice. Immigration rules are subject to change, and outcomes depend on individual circumstances. Contact our office to discuss your specific situation.

USCIS Can Now Deny Applications Without Warning: What the New Evidence Policy Means for You

Kublan Khan PLC — Wed, 05 Aug 2026 20:25:46 GMT

Kublan Khan PLC – August 5, 2026

U.S. Citizenship and Immigration Services (USCIS) announced a significant policy change today that affects anyone filing an immigration benefit request. Effective immediately, USCIS officers have full discretion to deny an application, petition, or other benefit request outright, without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), if the filing is incomplete or fails to establish eligibility at the time it is submitted.

What Changed?

Under the prior policy, USCIS officers were generally encouraged to give applicants a second chance. If a filing was missing required initial evidence or did not clearly demonstrate eligibility, officers would typically issue an RFE or NOID, allowing the applicant an opportunity to supplement the record before a decision was made.

That safety net is now gone. Under the updated policy, which applies to all requests pending or filed on or after August 5, 2026, USCIS expects applicants to establish eligibility and submit all required initial evidence at the time of filing. If they don’t, the agency may simply deny the request.

According to USCIS, the change is intended to align agency procedures with existing Department of Homeland Security regulations, speed up processing for complete filings, and discourage frivolous or “placeholder” applications, filings submitted primarily to obtain interim benefits, such as employment authorization, while a case sits in the queue.

Why This Matters

The practical consequences of this change are serious:

No second chances. A missing document, an unsigned form, or an overlooked piece of initial evidence could now result in a denial rather than a request for more information. Denials mean lost filing fees, lost time, and, in some cases, lost status or accrued unlawful presence while a new filing is prepared.

Form instructions are now the roadmap. USCIS emphasizes that the form instructions for each benefit request list all required initial evidence. Those instructions have always carried the force of regulation, but they now function as a strict checklist. Anything less than full compliance carries real risk.

Higher stakes for time-sensitive filings. For applicants facing deadlines, such as those extending or changing nonimmigrant status, or filing before a priority date or age-out cutoff, a denial without an RFE could foreclose options that a supplemental filing would have preserved.

What You Should Do

If you are preparing to file any immigration benefit request, treat your initial submission as your one and only opportunity to make your case:

Review the current form instructions carefully and confirm every item of required initial evidence is included.

Document eligibility fully at filing – do not plan to “fix it later” in response to an RFE.

Get professional review before submitting. An experienced immigration attorney can identify gaps in evidence before USCIS does.

This policy shift places a premium on getting it right the first time. If you have questions about how the new evidentiary standards affect a pending or upcoming filing, our office is here to help.

This article is for general informational purposes only and does not constitute legal advice. Contact our office at 703-854-1081 to discuss your specific situation.

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