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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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In a proposed rule published in the <a href="https://www.federalregister.gov/documents/2026/08/25/2026-17324/fee-for-certain-h-1b-petitions" target="_blank" rel="noreferrer noopener">Federal Register</a> on August 25, the Trump administration laid out plans to impose a fee of more than $103,000 per petition on U.S. employers seeking to file petitions for new cap-subject H-1B visas.

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The fee’s stated purpose is to provide a “dedicated revenue mechanism to help recover a portion of the federal government’s costs of administering the lawful immigration system, including activities carried out by DHS, the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), and the U.S. Department of Labor (DOL).”

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As drafted, the fee would apply to all employers submitting cap-subject petitions, including small businesses and nonprofits. It would not apply to cap-exempt petitions (e.g., those filed by universities, nonprofit research organizations, or governmental research organizations).

With a projected annual revenue of approximately $8.8 billion, the proposed fee targets the H-1B visa program because USCIS has concluded that those petitions are “generally submitted by petitioners who have more ability to pay.”

Interested parties can <a href="https://www.regulations.gov/" target="_blank" rel="noreferrer noopener">submit comments</a> for the next 30 days. If this rule becomes effective, it will impact the next H-1B lottery in spring 2027. Employers will have to decide if they are willing to pay this additional fee (on top of existing fees) to sponsor an associate for an H-1B visa. This will materially change the assessment of whether to sponsor, and it will be particularly frustrating for employers who sought to sponsor an associate for H-1B this year but they were not selected in the lottery.

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This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2026/08/Immigration-Update-USCIS-Proposes-Fee-Exceeding-103000-for-Initial-H-1B-Petitions.pdf

USCIS Proposes Fee Exceeding $103,000 for Initial H-1B Petitions

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