# US DHS H-1B visa regulatory proposals

> Live situation record from CLSTR: https://clstr.news/situations/us-dhs-h-1b-visa-regulatory-proposals
> Updated: 2026-08-24T00:00:00.000Z. Sources: 93. Developments: 2.

The U.S. Department of Homeland Security (DHS) has introduced two significant regulatory proposals targeting nonimmigrant work visas, specifically the H-1B program.

In mid-August, DHS submitted a proposal to eliminate the discretionary 60-day grace period for various visa holders, including H-1B, L-1, and O-1 categories. This period currently allows terminated employees to remain in the country to find new sponsors or arrange departures; its removal could require immediate departure upon job loss.

By late August, DHS proposed a substantial increase in costs for new H-1B applications, suggesting a fee of $103,265. This follows a previous attempt to implement a $100,000 fee that was blocked by a federal judge in June, who characterized the charge as an unauthorized tax. The administration maintains that the H-1B program is often abused to replace American workers with lower-paid foreign labor.

The latest proposal aims to establish this $103,265 fee for H-1B cap-subject visa petitions, payable at the time of filing. DHS estimates the fee could generate approximately $8.8 billion annually, intended to cover federal costs related to adjudication, fraud detection, and national security vetting. The proposal applies to cap-subject petitions, including those for advanced degree holders, but excludes visa renewals and certain cap-exempt organizations, such as nonprofit research institutions and higher education entities.

While business groups argue the program is essential for addressing domestic talent shortages in sectors like technology and engineering, the regulation includes a 30-day public comment period, with the goal of making the charge permanent by the end of the year.

## Claims

- The Department of Homeland Security has proposed a fee of $103,265 for new H-1B visa applications. (corroborated by 35 sources)
- A federal judge ruled in June that the previously imposed $100,000 fee was illegal. (corroborated by 31 sources)
- The H-1B program provides 65,000 annual visas, with an additional 20,000 for advanced degree holders. (corroborated by 18 sources)
- The fee will not apply to visa renewals or to foreign nationals already in the U.S. on student visas. (corroborated by 14 sources)
- The proposed regulation could be finalized by the end of the year. (corroborated by 12 sources)
- The proposed fee is intended to recover interagency costs associated with administering the legal immigration system. (corroborated by 11 sources)
- Indian-born workers accounted for approximately 71 percent of H-1B beneficiaries in 2024. (corroborated by 3 sources)
- DHS estimates the fee would generate approximately $8.8 billion annually. (corroborated by 3 sources)

## Timeline

### 2026-08-24: DHS proposes $103,265 fee for new H-1B visa applications

The U.S. Department of Homeland Security has proposed a $103,265 fee for new H-1B visa applications to recover immigration system costs, potentially generating $8.8 billion annually.

88 sources. https://clstr.news/cluster/trump-administration-proposes-103265-fee-for-h-1b-visas

### 2026-08-16: DHS proposes eliminating 60-day grace period for H-1B visa holders

The U.S. Department of Homeland Security is considering a rule to eliminate the 60-day grace period for many nonimmigrant workers, potentially requiring those who lose their jobs to leave the country sooner.

5 sources. https://clstr.news/cluster/united-states-considers-ending-h-1b-visa-grace-period

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Cite as: US DHS H-1B visa regulatory proposals. CLSTR, https://clstr.news/situations/us-dhs-h-1b-visa-regulatory-proposals