Higher Education Exempt from DHS-Proposed $103,265 H-1B Fee

Published September 08, 2026

By AACOM Government Relations

Federal Policy Higher Education

  • On August 25, 2026, the U.S. Department of Homeland Security (DHS) proposed an additional $103,265 filing fee for cap-subject H-1B petitions, including those under the advanced degree exemption.
  • The proposal follows a June federal court ruling striking down a similar $100,000 fee imposed through presidential proclamation. Cap-exempt petitions, including those filed by institutions of higher education and certain nonprofit or governmental research organizations, would not be subject to the new fee.
  • Comments are due September 24, 2026.