$103,265 cap petition filing fee proposal: September 2026 update

Written By Iandoli Desai & Cronin

On August 25, 2026, DHS published a Proposed Rule that would create a new $103,265 filing fee for cap-subject H-1B petitions. Read our previous post summarizing the Proposed Rule here.

The comment period for the Proposed Rule officially closed on September 24, 2026. It is possible that the Trump Administration could implement this new fee in time for the Fiscal Year 2028-2029 H-1B cap season in Spring 2027. Read the proposed rule here.

Iandoli Desai & Cronin
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