The change and its date
DHS announced the proposed rule on August 24, 2026 and opened it for public comment.
The proposal would add a substantial payment at the petition stage for covered cap-subject H-1B cases if finalized as proposed.
Current status
Proposed—not final or effective as of September 5, 2026. The proposal described a $103,265 additional fee for certain cap-subject petitions and excluded cap-exempt petitions.
This status is stated as of September 5, 2026. Readers should check the linked agency page before relying on it because court orders, implementation instructions, form editions, and agency guidance can change.
Why the distinction matters
Employers should scenario-plan, but should not submit a proposed fee or represent it as current law before a final rule and effective date.
An announcement date, publication date, effective date, filing date, and decision date can produce different consequences. Keep a dated copy of the official instruction that governed the action actually taken.
Practical preparation steps
This archive explains public information; it is not individualized legal advice. Do not change status, travel, employment, benefits, or filing strategy without checking the current rule and obtaining qualified legal advice where needed.
- Follow the Federal Register docket
- Distinguish cap-subject from cap-exempt planning
- Do not alter current filing payments based on a proposal
- Budget contingencies without promising the rule's final form