Before anything else: this is not immigration or legal advice, and Growx Tech IT does not provide either. What follows is a summary of what has actually been published in the federal rulemaking process and reported by credible outlets, so you can separate what's confirmed from what's rumor if this affects your job search or your employer's hiring plans.

What was actually proposed

On August 25, 2026, the Department of Homeland Security published a Notice of Proposed Rulemaking (NPRM) proposing a new $103,265 supplemental fee on certain initial H-1B petitions, filed under docket USCIS-2026-0298-0001. This would be charged in addition to existing filing costs, which currently run $2,225–$3,595 depending on employer size and petition type, plus an optional $2,965 for premium processing.

Critically, this is a proposal, not a final rule. As of publication, USCIS's own guidance states there is "no change to H-1B filing fees at this time." The public comment period runs 30 days from the August 25 publication, closing September 24, 2026. A proposed rule at this stage can be modified, delayed, or withdrawn before taking effect, and historically NPRMs of this scale often are contested in court before or after finalization.

Who the fee would apply to

As proposed, the $103,265 fee targets employers filing cap-subject H-1B petitions for initial (new) employment — not renewals or extensions for people already holding H-1B status in the same role. The fee would be paid by the sponsoring employer, not the visa holder, which is consistent with how H-1B filing fees have always worked; individual applicants do not pay employer filing fees directly.

Myth to retire: this is not a $103,265 charge on every H-1B holder or every renewal. As written, the proposal targets new cap-subject petitions filed by employers. If you're already on H-1B status and your employer is simply extending or amending your existing petition, the proposed fee as described in the NPRM does not apply the same way. Confirm your specific situation with a licensed immigration attorney — not a blog post, a forum thread, or an AI assistant.

DHS Notice of Proposed Rulemaking, USCIS-2026-0298-0001, August 25, 2026

What the government says the money would fund

According to the DHS estimate cited in coverage of the filing, if H-1B petition volume held at its historical cap of roughly 85,000 approvals per year, the fee could generate approximately $8.8 billion annually, allocated across immigration enforcement and processing agencies — reported figures include roughly $1 billion to ICE, $76 million to CBP, $3 billion to EOIR, $484 million to the State Department, $1.2 billion to the Department of Labor, and $3 billion to USCIS itself. These are the administration's stated projections, not independently audited figures, and actual revenue would depend heavily on how many employers still file at that cost.

What employer response has looked like so far

Immigration-policy organization FWD.us reported survey data suggesting a sharp employer pullback if the fee is finalized as proposed: in a survey of regular H-1B-filing employers, the large majority indicated they would reduce filings, with a median expected reduction in the range of 90%+. That's a survey of stated intent ahead of a final rule, not observed behavior yet — but it's a useful signal of how significantly this could reshape hiring plans at companies that rely on H-1B sponsorship, particularly smaller employers and startups with thinner margins than large tech companies.

What to actually do if this affects you

If you're on H-1B status, sponsored by an employer, or weighing an offer that would require sponsorship, here's what's genuinely useful right now rather than speculative:

  • Track the docket, not headlines. The authoritative source is the NPRM itself and USCIS's official guidance page, both linked below — not secondhand summaries, including this one. Rules can and do change between proposal and final publication.
  • Talk to a licensed immigration attorney about your specific case. General market-facts coverage like this post cannot tell you how a still-proposed rule would apply to your particular petition, employer, or timeline.
  • If you're evaluating offers, ask directly about sponsorship plans and timing. Some employers may accelerate filings before any final rule takes effect; others may pause new sponsorship until the rule is settled. That's a conversation to have with the employer, not something to assume.
  • Separate visa policy risk from your resume and interview readiness. Whatever happens with the rule, having a strong application and interview presence is within your control right now.

The bottom line

The $103,265 H-1B fee is real, but it's a proposal in a public comment period, not current law. Anyone telling you with certainty exactly how this will shake out is speculating past what's actually been published. If your search involves visa sponsorship considerations and you want help sharpening the parts of the process you do control — resume, LinkedIn presence, interview prep — that's exactly what our services are built around; see pricing for the full breakdown.