[REVISION HISTORY]

US DHS H-1B, B1/B2, and OPT visa regulatory proposals

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2026-10-09 22:58 UTC → 2026-10-11 00:00 UTC · added ~~removed~~

The U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have introduced several regulatory proposals targeting nonimmigrant work visas, specifically the H-1B program. In mid-August, DHS proposed ‘Eliminating the Discretionary 60-day Grace Period’, which would remove the window for terminated H-1B, L-1, O-1, TN, E-1, E-2, E-3, and H-1B1 visa holders to find new sponsors. Homeland Security Secretary Markwayne Mullin stated that the current grace period may place ‘an undue burden on immigration officers due to the additional paperwork required.’ The proposal is currently under review, with the public comment period scheduled to close on November 10, 2026. By late August, administration efforts expanded to include a coordinated initiative between the State Department and DHS to revoke B1 and B2 visas for up to 200,000 individuals who entered as visitors but subsequently applied for asylum. Recent developments have intensified the financial and regulatory burden on H-1B holders. USCIS has proposed a fee of $103,265 for most cap-subject H-1B filings to recover legal immigration system costs, a move critics argue could suppress demand by 63–91%. President Donald Trump has endorsed this fee increase, arguing it will ‘incentivize domestic companies to prioritize hiring and training American workers before seeking skilled labor from overseas.’ In September, President Trump issued an executive order to tighten oversight and prevent the displacement of American workers. In October, DHS expanded its fee-related proposals to the Optional Practical Training (OPT) program. A new rule would require educational institutions to pay $70,000 for each student’s initial OPT application and $30,000 for subsequent renewals. DHS characterized the current OPT system as a ‘pipeline for cheap foreign labor’ and stated the fees aim to combat fraud. DHS estimates the total annual impact of these fees could reach $12.4 billion.

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