On August 24, 2026, USCIS announced that it would introduce an additional filing fee of $103,265.00 to be added to H-1B cap-subject filings for consular notification or change of status applications which would become effective once USCIS regulations clear the formal rulemaking process. H-1B cap subject filings would affect all U.S. employers, apart from post-secondary institutions, including universities, hospitals and institutions of research. All other privately held businesses would be subject to the H-1B additional filing fee and the rule would not go into effect until after the rule is published in the Federal Register on August 25, 2026, public comments are reviewed and the agency finalizes its proposal into a final rule. Interestingly, this increased fee proposal was not included by USCIS’s regulatory agenda, which was released to the public in July 2026.
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