The Rising Cost of Employment-Based Visas: USCIS Proposes Fee Increases for H-1Bs and F1 OPTs

By Maureen E. James - Skoler Abbott P.C.

November 4, 2026

USCIS is a self-funded system.  Meaning the fees that are paid for filings and processing are utilized to run the immigration system itself.  Within its complex system of various numbered and lettered forms, there are also numerous types of fees – filing fee, Asylum Program fee, Fraud Prevention and Detection fee, Pub. L. 114-113 fee, not to mention the impatient filer’s premium processing fee.  Fees charged by USCIS can range from a couple hundred dollars to several thousand, depending on the nature of the case.  It is not uncommon for USCIS to increase its fees, usually by just a few dollars.  Effective October 16, 2026, USCIS published a new Fee Schedule which increased fees for several filings, including:

• I-131 Application for Travel Documents, Parole Documents, and Arrial/Departure Records, for certain categories, was $1,020, now $1,050
• I-765 Application for Employment Authorization, for certain categories, was $560, now $570
• I-821 Application for Temporary Protected Status was $510, now $520

But USCIS has recently filed Notices of Proposed Rulemaking (NPR) in the Federal Register indicating they want to make some major changes to the fee structure of some of the most common types of visas.

H-1B Specialty Occupation Workers

In September 2025, a Presidential Proclamation, “Restriction of Entry of Certain Nonimmigrant Workers” was signed, requiring a $100,000 fee for new H-1B petitions for beneficiaries outside the United States.  Since that time, there has been extensive litigation regarding the fee, and to-date, it has not taken effect.  In late August 2026, the Department of Homeland Security (DHS) filed an NPR in the Federal Register (FR Doc. 2026-17324) regarding fees for new H-1B visas that would be subject to the annual lottery and those filed under the advanced degree exemption.  The proposal is for a fee of $103,265 per petition.  H-1B extensions, amendments, or cap-exempt organizations would not be subject to this fee.

The administrative process requires notice of the proposed rule, time for public comment, consideration by DHS of the public feedback, and development of a final rule.  For the proposed H-1B fee increase, DHS is currently considering the feedback and has not provided any follow up comments or advised when a final rule may be forthcoming.  By publishing these NPRs in the Federal Register, DHS has set off an administrative process that was not undertaken before the previous $100,000 fee was attempted, however, if a final rule is enacted with such a significant increase, it would not be surprising if the six-figure fee ended up back under scrutiny by the courts.

F1 Students and Optional Practical Training (OPT)

DHS recently filed another NPR (FR Doc. 2026-20660), this time seeking to create a new fee schedule for schools that sponsor F1 students to work under OPT.  The NPR proposes an initial fee of $70,000 for the first year of OPT, a follow up fee of $30,000 for a second year, and no fee for any additional years.  These fees are new and will be in addition to any filing fees already required during the process.  Schools will be required to pay these fees before registering the student in the SEVIS system, but the proposal would allow schools to develop plans to share or recoup those payments potentially from students, employers or other third-party funding sources.  The NPR allows for public comment through November 9, 2026.

Why These Fee Proposals Matter to Employers

Although both NPRs remain in the rule making process, it is important that employers stay aware of their development.  These potential fee increases could affect the availability and cost of hiring workers in the near future, in particular, for those in specialty occupations or for entry-level roles where candidates are usually developed through on-campus recruitment and/or internship programs.  Employers should start to review their 2027 hiring plans now to determine what potential impact these proposals could have on that forecast.  This is particularly important for the first half of the calendar year, with the H-1B lottery registration in March and common graduation dates in May.  As those plans are reviewed, it is important to stay apprised of announcements from USCIS regarding the fees associated with filings and to consult counsel regarding immigration questions.

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