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The U.S. Department of Homeland Security (DHS) has proposed a new $103,265 fee for each cap-subject H-1B petition, including petitions eligible for the advanced-degree exemption, in addition to other applicable H-1B fees. DHS says the fee would generate revenue to recover costs associated with administering the federal immigration system across multiple agencies, including USCIS, the Departments of State, Labor, and Justice, and other DHS components; the proposed amount is based on approximately $8.8 billion in identified costs divided among an estimated 85,000 annual fee-paying petitions. Importantly for higher education, the proposed fee would not apply to cap-exempt H-1B petitions, which generally include qualifying petitions filed by institutions of higher education and certain affiliated nonprofit and research organizations. The proposal is not yet final, and DHS is accepting public comments until September 24, 2026.

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