On August 25, 2026, the Department of Homeland Security (DHS) published a proposed rule that would add a new $103,265 fee to all H-1B cap-subject petitions, payable at the time of filing. This would be in addition to all existing filing fees.
This does not affect Yale's H-1B sponsorship. Yale is a cap-exempt institution of higher education, and cap-exempt H-1B petitions – including those filed by universities and for individuals previously counted against the cap – are not subject to this proposed fee. However, the rule would apply the fee to all cap-subject petitions, including those eligible for the advanced degree (“master's cap”) exemption, so it would affect recent U.S. graduates seeking H-1B sponsorship from cap-subject employers outside Yale.
What the rule says
DHS states the fee is intended to recover costs beyond USCIS's own operations. In its own words, the agency explains that “this proposed rule would recover costs attributable not only to USCIS, but also to other departments and agencies that have statutory responsibilities in administering the lawful immigration system including ICE, CBP, EOIR, DOS, and DOL.”
Proposed rule and public comment period
The rule is currently a Notice of Proposed Rulemaking (NPRM), not a final regulation. It has no legal effect until DHS reviews public comments and issues a final rule.
Public comments are open through September 24, 2026, and may be submitted at regulations.gov (Docket No. USCIS-2026-0298).
OISS will continue to monitor this rulemaking and provide updates when they are available.
