How to Submit a Public Comment on the Proposed $103,265 H-1B Fee Before It's Final

The $103,265 H-1B fee is still a proposal, not a rule. Here is exactly how to file a comment before the September 24, 2026 window closes.

If you searched for this because you saw "$103,265 H-1B fee" somewhere and want to know what you can actually do about it: as of September 12, 2026, the fee is a proposed DHS rule, not a law, and the government is legally required to accept public comments on it through September 24, 2026. Filing a comment takes about ten minutes through the federal government's own portal, costs nothing, and becomes a permanent part of the record DHS has to review before it can finalize anything. This guide walks through exactly how to do that, what the comment period can and can't accomplish, and where this fee fits alongside everything else that's changed in H-1B policy this year.

Where this rule actually stands today

DHS published the proposed $103,265 H-1B fee rule in the Federal Register on August 25, 2026, under docket number USCIS-2026-0298. The formal public comment period is open now and closes September 24, 2026. Before any final rule with an effective date can apply to anyone, DHS has to review the comments it receives, potentially revise the proposal in response, and send the rule through Office of Management and Budget review. None of that has happened yet.

This is a proposed rule under active public comment — not an effective rule, and not something currently being collected from any employer. The distinction matters because a lot of what circulates online treats "DHS proposed a fee" and "the fee is now in effect" as the same thing, and they are not. If a headline or a forwarded message tells you the fee is already being charged, check the Federal Register notice or ask your DSO or attorney before assuming it applies to you.

The proposal is already contested. The U.S. Chamber of Commerce, a group of Democratic-led states, and a coalition of unions and employers have all signaled opposition to the rule at this proposal stage — before it has even been finalized. That opposition doesn't tell you how this will resolve, but it does tell you this is a live fight, not a settled outcome.

This is a different fee from the $100,000 proclamation

One of the most common points of confusion right now is treating the $103,265 rule as the same thing as the $100,000 H-1B proclamation fee that made headlines earlier in 2026. They are not the same action, and they are not on the same track. You can read the full status of the proclamation fee in our breakdown of whether the $100k fee is still in effect, but the short version relevant here:

The proclamation fee runs through the courts. The $103,265 rule runs through the standard federal rulemaking process, which is exactly why the comment period exists and why it's worth using. And to be clear about scale: the proposed $103,265 charge would come on top of the underlying H-1B filing fees already listed on USCIS's current fee schedule, not replace them. Even if litigation over the proclamation fee resolves one way or another, this rule keeps moving independently. For the fuller fee landscape, see our complete 2026 H-1B fee breakdown and what's currently in effect across this year's executive actions.

What a public comment period is actually for

Notice-and-comment rulemaking is a legal requirement under the Administrative Procedure Act for most federal rules like this one. DHS has to publish the proposed rule, accept comments from the public for a defined window, and then respond to significant comments before it can issue a final rule. That doesn't mean every comment changes the outcome — agencies routinely finalize rules close to their original form — but the record of comments is not symbolic. Courts reviewing a challenge to a final rule can and do look at whether the agency meaningfully considered the comments it received.

What a comment can realistically do:

• Add a documented data point — a real cost, timeline, or hiring impact — to the administrative record DHS has to address
• Flag a specific operational problem (for example, how the fee interacts with cap-exempt petitions, extensions, or existing pending cases) that DHS may not have modeled
• Contribute to the pool of evidence that outside groups or future litigation may point to

What it can't do: guarantee a lower number, a delay, or a withdrawal. Don't file a comment expecting a personal response, and don't treat "I commented" as something that changes your own case status. It doesn't.

Step-by-step, how to submit your comment

1. Go to regulations.gov and search docket number USCIS-2026-0298, or search "H-1B $103,265" to find the specific proposed rule listing. Confirm the docket number matches before you proceed — multiple H-1B-related dockets can be open at once.
2. Read the full notice, not just the summary. The Federal Register text lays out DHS's stated rationale for the fee amount, which sections of the process it would attach to, and what specific questions DHS is asking the public to weigh in on.
3. Decide what you're actually commenting on. A comment that speaks to something concrete — how the fee would affect a specific hiring plan, a specific category of petition, or a documented cost you can describe — tends to carry more weight than a general statement of opposition or support.
4. Write your comment in your own words. Form-letter campaigns are counted, but individualized comments with specific facts are the ones agencies are required to substantively address.
5. Submit before September 24, 2026. Comments submitted after the deadline are not guaranteed to be considered part of the formal record DHS has to review.
6. Keep a copy of what you submitted and the confirmation regulations.gov gives you, for your own records.

If you're commenting as an individual (rather than through an employer, university, or organization filing on your behalf), keep in mind that regulations.gov comments are public. Don't include information you wouldn't want publicly associated with your name — your comment becomes part of a public docket that anyone, including future employers or reporters, can search.

Common mistakes

• Confusing the $103,265 rule with the $100,000 proclamation fee. They're on entirely separate legal tracks, as covered above — don't cite one when you mean the other, and don't assume a court ruling on the proclamation affects this rulemaking.
• Assuming the comment period changes your current filing. If you have a pending H-1B petition, an upcoming extension, or a transfer in process, this proposed rule has no effective date and doesn't apply to your case today. Confirm your own filing's requirements with your attorney rather than reacting to the proposal.
• Missing the deadline. September 24, 2026 is a hard cutoff for the comment to count as part of the formal record. Submitting even a few days late risks it not being considered.
• Treating a comment as legal action. A comment is not a lawsuit, a petition, or a formal legal challenge. If you want to understand the litigation track separately, that's a different process involving the organizations already named as challengers, not something an individual comment substitutes for.
• Copy-pasting a template word-for-word without any edits. DHS is required to address substantively distinct comments; identical form letters are typically logged in bulk rather than individually analyzed the way a comment with specific, original detail would be.
• Assuming this is the only fee-related action worth tracking. DHS has multiple rulemakings moving in 2026 on separate timelines. If you want the fuller picture of what's proposed versus finalized versus vacated, see our full rundown of 2026 fee changes.

What to actually do with this information

If you're an F-1 student, OPT participant, or H-1B holder reading this because you're worried about how a future fee might affect your own job search or sponsorship: the proposed $103,265 fee is not something you can prevent or control through a personal filing, and it isn't in effect today. What is worth doing right now is the same as with any pending policy: track the docket, note the September 24 deadline if you want your voice in the record, and don't make decisions about accepting an offer, timing a transfer, or planning a filing based on a rule that hasn't taken effect. If you're unsure whether a specific proposal touches your situation, a licensed immigration attorney can tell you what actually applies to your petition; your DSO is the right contact for anything involving your F-1 status or SEVIS record. Also worth knowing, since it's a related but distinct question: who is actually on the hook for H-1B-related fees under current rules, and the details of the new fee proposal itself, since the underlying rule text is worth reading before you comment on it.

Frequently asked questions

Is the $103,265 H-1B fee final law right now? No. As of September 12, 2026, it is a proposed rule DHS published in the Federal Register on August 25, 2026 under docket USCIS-2026-0298. It has not been finalized, has no effective date, and must still go through comment review, possible revision, and OMB review before any final rule could take effect.

When does the comment period close? The formal public comment period closes September 24, 2026. Comments submitted through regulations.gov before that date become part of the official rulemaking record that DHS is required to review before issuing a final rule.

Does filing a comment guarantee the fee will change? No. Comments can influence, delay, or shape the final rule, and organizations including the U.S. Chamber of Commerce, several Democratic-led states, and a coalition of unions and employers are already challenging the proposal, but there is no way to predict how DHS will respond or how any related litigation will resolve.

Is this the same as the $100,000 H-1B proclamation fee? No, and this is the detail most people miss. The $100,000 proclamation fee is a separate action that a federal court has vacated, and it is not currently being collected. The $103,265 fee moves through ordinary DHS rulemaking on its own timeline and would survive even if the proclamation fee lapses entirely.

Who should I talk to before deciding how this affects my own case? For anything touching your F-1, OPT, or SEVIS record, talk to your DSO. For anything touching an H-1B petition, a job offer, or an employer's sponsorship decision, talk to a licensed immigration attorney. Neither this article nor a public comment you file changes your individual status.

Tracking a fast-moving rule like this one is exactly the kind of noise your job search shouldn't have to absorb alone. If you want help keeping your applications, timelines, and documentation organized while policy keeps shifting, reach out to F1Jobs.