# Daily Brief: Two takes on the proposed $103K H-1B fee and AILA's legal challenge

> The Trump administration has published a proposed rule that would charge employers over $103,000 per new cap-subject H-1B petition, months after a federal judge struck down a nearly identical fee. Immigration lawyers are calling it legally dubious, and the rule could limit which employers can realistically sponsor H-1B workers.

Canonical URL: https://thevisapulse.com/updates/daily-brief-2026-08-24

## At a glance

- **Policy status:** Status unverified
- **Last verified:** Not recorded
- **Human review:** No human review recorded
- **Published:** 2026-08-24
- **Impact:** medium
- **Document type:** Daily Brief
- **Source agency:** The Visa Pulse
- **Document number:** 2026-08-24
- **Visa types:** H-1B, H-1B1

Publication dates and impact ratings do not establish whether a policy is in force. Verify current status against the linked government evidence. See /about for our editorial process.

## Who is affected

- H-1B workers
- H-1B sponsors and employers
- Small businesses considering H-1B sponsorship
- H-1B1 visa holders

## Key changes

- The Trump administration has proposed a $103,265 fee per new cap-subject H-1B petition, following a federal judge striking down a nearly identical $100,000 fee earlier this year.
- DHS published the fee as a formal proposed rule that exempts universities and hospitals, with the measure still subject to public comment before it could take effect.

## What you should do

If you are an H-1B worker or employer affected by cap-subject petitions, monitor the Federal Register for the public comment deadline and consider submitting comments before the rule is finalized.

Today's coverage centers on one major development: a new six-figure fee proposal for H-1B visas that could reshape who can sponsor — or be hired on — an H-1B.

### A $103K fee on H-1B petitions, round two

The Department of Homeland Security (DHS) has published a proposed rule that would charge employers $103,265 per new cap-subject H-1B petition. The move comes months after a federal judge struck down an earlier $100,000 fee as an unlawful tax. The American Immigration Lawyers Association (AILA) is calling the new proposal unprecedented and legally dubious. Immigration lawyers warn it would effectively price out small businesses, schools, and hospitals from sponsoring H-1B workers.

[Read the full story](/updates/trump-administration-proposes-103k-h1b-fee-aila-response)

### DHS frames the new fee as a formal proposed rule — with a carve-out for universities and hospitals

A second report adds an important detail: the new proposal explicitly exempts universities and hospitals from the $103,265 fee, distinguishing it somewhat from the earlier attempt. The Hill reported that DHS published the fee as a formal proposed rule, meaning it is still open to public comment before it could take effect. If finalized as written, the fee would apply to cap-subject H-1B petitions — primarily those filed by for-profit employers going through the annual lottery.

[Read the full story](/updates/dhs-h1b-103k-fee-proposed-rule-2026)

## What to watch

The rule is in the proposed stage, which means a public comment period is expected. Watch for the comment deadline, which will be announced in the Federal Register, if you or your employer wants to weigh in before any fee is finalized.

## Sources

- Source · thevisapulse.com: https://thevisapulse.com/updates

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_The Visa Pulse — Immigration Policy, Explained. Informational coverage of U.S. immigration policy, not legal advice._

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