H-1B Visa Fee Increase: $103,000 Fee May Expand To Workers Already In The US

As of August 25, 2026, employers who sponsor H-1B workers are watching a new proposal out of Washington. According to a Bloomberg Law report published this week, the administration wants to replace the court-blocked $100,000 H-1B payment for workers abroad with a new $103,265 fee on every cap-subject H-1B petition, including those filed for people already inside the US. If this H-1B visa fee increase moves forward, it would sharply raise costs for companies that sponsor or retain H-1B staff already working on US soil.

1. What Changed With The H-1B Fee Increase
2. Who The H-1B Proposal Affects
3. What To Do About The H-1B Fee
4. How Herrera Law Firm Can Help
5. Quick Facts On The H-1B Fee Increase

What Changed With The H-1B Visa Fee Increase

The existing charge was a $100,000 payment for new petitions filed for workers outside the US, and courts have blocked its collection since mid-2026. DHS published a proposed rule on August 25, 2026 that would charge a new $103,265 fee on every cap-subject H-1B petition, including petitions for people who are already inside the country in another status. Our Houston immigration attorney team is tracking the proposal closely. The report does not list a proposed effective date or say whether the rule has been finalized.

The Existing $103,265 H-1B Fee

Right now, the H-1B fee increase applies to new petitions filed for workers abroad. Employers pay this cost when they first bring a worker into H-1B status from outside the US.

The Proposed H-1B Fee Expansion

Under the new plan, the same fee would also cover H-1B employees who are already living and working in the US. That would apply the charge to renewals and status changes, not just fresh filings from overseas.

Key Takeaway: The proposed H-1B visa fee increase would extend a $103,265 charge beyond new overseas petitions. It could reach workers already employed in the US under H-1B status. Bloomberg Law has not reported a start date, so employers should treat this as a developing rule, not a finalized policy.

Who Is Affected By The H-1B Fee Change

Two groups feel the impact most directly. Employers who sponsor or retain H-1B talent inside the US would face a much bigger bill. And H-1B workers themselves may see their employer weigh whether to keep sponsoring them once the H-1B visa fee increase applies to their status.

Employers Sponsoring H-1B Workers

Companies that sponsor H-1B staff already in the US would need to budget for the added fee. This applies to renewals, extensions, and status changes handled inside the country, according to the Bloomberg Law report.

H-1B Workers Already In The US

Workers holding H-1B status now may see their case cost more to maintain. Some employers could delay renewals or reconsider sponsorship once the fee applies to domestic cases.

What To Do Now About The H-1B Visa Fee Increase

Nothing is final yet, but waiting until a rule is published leaves little time to plan. Employers and workers should start tracking the proposal now and build the added cost into budgets and hiring plans.

Steps For H-1B Employers

Review which H-1B employees have upcoming renewals or status changes. Talk with immigration counsel about how the proposed fee could affect your sponsorship budget this year.

Steps For H-1B Workers

Ask your employer whether they plan to keep sponsoring your H-1B status if the fee expands. Keep your paperwork current while the rule moves through the process.

Pro Tip: Start by sorting your H-1B filings into cap-subject and cap-exempt categories, since only cap-subject (lottery-selected) petitions would face the proposed fee. Gather filing dates and petition details now so your attorney can move fast once the government publishes the actual fee schedule and a confirmed effective date. Always confirm the current fee schedule at uscis.gov before you file.

How Herrera Law Firm Can Help

Our Houston immigration team tracks H-1B policy changes closely and helps employers plan around them, including updates we post on our immigration law blog. We can review your sponsorship cases, flag which ones the H-1B visa fee increase could touch, and walk you through your options.

H-1B Sponsorship Guidance For Employers

We help employers map out which H-1B cases fall inside the US and could face the new fee. That review helps you plan staffing and legal budgets ahead of time.

Planning For H-1B Workers

We also advise H-1B workers directly on how a fee change could affect their status and what questions to ask their employer about continued sponsorship.

Common Mistake to Avoid: The biggest mistake employers make is waiting for a final rule before reviewing their H-1B cases. By the time a rule takes effect, budgets and timelines are already locked in. Start the review now, while there’s still time to plan around the proposed fee.

Quick Facts On The H-1B Visa Fee Increase

Here is what the Bloomberg Law report confirms, and what it leaves open. The source has not specified an effective date, a final fee amount for domestic cases, or whether the rule will change before it’s published.

What The H-1B Report Confirms

The earlier charge was a $100,000 payment for new H-1B petitions for workers abroad, now blocked in court. On August 25, 2026 DHS proposed a new $103,265 fee for all cap-subject H-1B petitions, including those for workers already in the US.

What The Report Leaves Unclear

Bloomberg Law’s report does not state an effective date or confirm the rule is final. Employers should watch for an official filing before assuming the fee applies to their cases.

What This Means for You: If you sponsor H-1B workers already in the US, this proposal is worth watching closely. The H-1B visa fee increase could add a large, unplanned cost to renewals and status changes you handle domestically. Until the government publishes a final rule, treat this as a planning issue, not a done deal, and loop in counsel early so you’re not caught off guard.

The proposed H-1B visa fee increase would take a fee once limited to new overseas petitions and apply it to H-1B workers already living and working in the US. Bloomberg Law broke the story this week, and the administration has not yet published a final rule or effective date. Employers should review their H-1B cases now, and workers should ask their employer where sponsorship stands. Many H-1B employees also ask about long-term options like our citizenship eligibility guide once their status stabilizes. Reach out to schedule a consultation and get a clear read on how the H-1B visa fee increase could affect your case.

Expert Insight from Hector Herrera, Lead Immigration Attorney: Employers who sponsor H-1B workers should not wait for a final rule before they act. Review every H-1B case you have inside the US now, know which ones are cap-subject, and build a budget that can absorb the proposed fee on new cap-subject petitions. Rules like this one can move fast once they’re published.

Key Takeaway: What Happens Next: The H-1B visa fee increase is still a proposal, not a final rule. It would extend the $103,265 fee to H-1B workers already in the US. Employers and workers should track the news and plan ahead rather than wait for an official announcement.

Frequently Asked Questions

What is the H-1B visa fee increase?

The H-1B visa fee increase is a proposed rule, published August 25, 2026, that would charge $103,265 on every cap-subject H-1B petition, including those for people already in the US. The earlier $100,000 payment for workers abroad is blocked in court. Bloomberg Law reported the proposal this week.

When would the H-1B fee increase take effect?

The proposed rule was published on August 25, 2026 and its comment period closed on September 24, 2026. The administration has not published a final rule or an effective date yet. So, employers should watch for an official announcement instead of assuming a start date.

Who would pay the new H-1B visa fee?

Employers who sponsor or retain H-1B workers already living in the US would pay the added fee under the proposal. That includes companies handling renewals and status changes for current H-1B staff, not just new overseas hires.

Does the H-1B fee increase affect workers already in the US?

Yes. Unlike the current rule, the proposed H-1B visa fee increase would reach H-1B workers already employed in the US. Some employers may reconsider sponsorship once this added cost applies to domestic cases.

What should employers do about the H-1B visa fee increase now?

Employers should review their H-1B cases, note upcoming renewals, and talk with immigration counsel about budgeting for the possible fee. Acting early gives you time to plan before any rule becomes final.

Quick Reference: What Is The H-1B Visa Fee Increase?

The H-1B visa fee increase is a proposed federal rule reported by Bloomberg Law in August 2026. It would create a $103,265 fee for all cap-subject H-1B petitions, including those filed for people already inside the US. The earlier $100,000 payment for petitions filed for workers abroad is blocked in court. The rule is not final, and no effective date has been announced.

Additional Resources

1. What Is US Citizenship explains how citizenship differs from H-1B visa status and why the distinction matters.
2. Citizenship Processing Time Guide breaks down how long the path to citizenship can take.
3. Can You Lose US Citizenship covers the legal protections that apply once citizenship is granted.
4. Benefits Of US Citizenship looks at what opens up once you move beyond visa status.

Reviewed by Hector Herrera, Founder and Lead Immigration Attorney · Updated September 1, 2026