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US DHS H-1B visa regulatory proposals

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2026-08-24 22:48 UTC → 2026-08-24 23:54 UTC · added ~~removed~~

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. ~~The administration stated this would recover interagency costs and potentially encourage the hiring of American workers.~~ 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. ~~The administration intends for~~ 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. ~~This new draft expands the scope~~ The proposal applies to ~~include petitions for workers already in the U.S. who are changing their status. Exemptions are maintained~~ cap-subject petitions, including those for advanced degree holders, but excludes visa renewals and certain ~~institutions of higher education,~~ cap-exempt organizations, such as nonprofit research ~~organizations,~~ institutions and ~~foreign nationals transitioning from F-1 student visas to H-1B status. The~~ 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.

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