December 11 Funding Cliff Spurs $103,265 Fee, H-1B Cap-Subject Petitions

Congress moved the next federal funding deadline to December 11, 2026, postponing the immediate September 30, 2026 budget expiration but setting a new date for immigration users. The December 11 funding cliff could affect parts of the immigration system if lawmakers do not approve another measure.

USCIS relies on fee revenue for most of its work. That makes the agency less exposed to a full shutdown than many other federal departments. A lapse could still disrupt functions tied to appropriations, interagency coordination, and related immigration processing.

The House passed the stopgap funding bill on September 1, 2026, by 370-48. The Senate had passed its version on August 8, 2026, by 90-6. The measure keeps the government funded at current levels through the new deadline.

The legislation followed differences between the House and Senate versions. The Senate version explicitly excluded contentious funding for Immigration and Customs Enforcement and Customs and Border Protection. Both chambers nevertheless used December 11 as the next funding date.

The deadline affects more than fee-funded USCIS casework

People filing Form I-129, Petition for a Nonimmigrant Worker, Form I-140, Form I-485, Form I-765, or naturalization applications should generally expect USCIS to continue operating while fee-funded services remain available. A funding lapse could slow work that depends on other agencies or appropriated federal functions.

That risk reaches beyond one form. A December 11 lapse could slow or interrupt parts of immigration processing that rely on interagency support, even while fee-funded USCIS casework continues.

The current budget deadline is not a USCIS-specific policy change. It is the expiration date for the stopgap funding measure, which Congress designed to avoid another shutdown fight before the November midterms.

A separate proposal would put a six-figure price on cap cases

As of August 2026, DHS has proposed a $103,265 fee for all H-1B cap-subject petitions, including cases eligible for the advanced degree exemption. The charge would come due at the time of filing and would sit on top of other applicable fees.

The proposal remains just that: a proposed rule. It completed regulatory review by August 19, 2026, and USCIS publicly announced it on August 24, 2026.

The proposed charge would affect employers seeking workers through cap-subject petitions, not every H-1B employer. It would also raise the upfront cost of qualifying filings substantially if the rule becomes final and takes effect.

The proposed charge would not cover every H-1B filing

The proposed fee would apply to all cap-subject petitions, including advanced degree exemption cases. It would not apply to cap-exempt filings such as those from certain nonprofit research organizations, governmental research organizations, and institutions of higher education.

USCIS also maintains a fee schedule for Form I-129 H and L filings. That schedule includes separate charges, such as the ACWIA fee and, for some large H-1B and L-1 employers, the fee tied to L. 114-113.

Existing processing pressures could amplify any interruption

Recent backlog data cited in the research showed the number of pending Form I-765 employment authorization applications growing by 446,650 cases, a 38 percent increase. The figures add pressure to an employment authorization system that could face further delays if related federal operations slow.

The funding deadline and the proposed H-1B charge involve different processes. One concerns the expiration of a temporary funding measure. The other remains in rulemaking.