- DHS says August twenty-eighth, twenty twenty-six H-1B filings still use the existing process and current fees.
- The proposed rule was published August twenty-fifth, twenty twenty-six, and comments are due by September twenty-fourth, twenty twenty-six.
- If finalized, the plan would add a one hundred three thousand two hundred sixty-five dollar fee to covered cap petitions.
The Department of Homeland Security has not changed the H-1B filing rules for petitions submitted on August 28, 2026. Employers still must use the existing process, including its current fees and filing requirements.
The reason is procedural. The H-1B reform proposal remains a proposal, not an operative regulation. DHS must complete the rulemaking process before any new obligation can apply.
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DHS published the measure in the Federal Register on August 25, 2026. The notice, titled “Fee for Certain H-1B Petitions,” carries FR Doc. 2026-17324 and identifies the matter under RIN 1615-AD20.
The notice opened a public comment period. Comments are due September 24, 2026.
A proposed rule does not itself bind employers. The agency must review the submissions and issue a final regulation with an effective date before a new charge can govern covered filings.
That leaves today’s petitions under the current H-1B framework. Employers continue to follow the cap process, meet Labor Condition Application requirements, establish a specialty occupation, and pay ordinary U.S. Citizenship and Immigration Services filing fees.
The proposed charge is not part of that calculation yet. The notice would impose a $103,265 payment on specified cap-subject petitions, but employers should not add it to a filing submitted now.
The proposed charge targets both capped H-1B tracks
The proposal covers petitions in both principal cap categories. It would apply to the regular annual allocation and to petitions benefiting from the advanced-degree exemption.
| H-1B category | Annual allocation or treatment | Proposed fee status |
|---|---|---|
| Regular cap | 65,000 petitions | $103,265 per covered petition if the proposal becomes effective |
| U.S. master’s exemption | 20,000 petitions | $103,265 per covered petition if the proposal becomes effective |
| Cap-exempt petitions | Outside the annual cap | Not covered by this proposal |
The cap-exempt group includes many petitions filed by universities, nonprofit research organizations, and governmental research organizations. The proposal does not immediately alter the distinction between cap-subject and cap-exempt cases.
The payment would be due at filing if the measure takes effect. That timing does not apply now, because the agency has not issued a binding rule or announced an effective date.
Employers still use the existing filing framework
A petition filed today follows the rules already in force. That includes the current cap process, LCA obligations, specialty-occupation standards, and USCIS’s ordinary filing fees.
Beneficiaries also remain governed by the existing process. The pending notice does not create a new filing obligation for a worker whose employer submits a petition before any future effective date.
The same applies to the annual-cap categories. Current cap-subject cases and cap-exempt cases retain their existing treatment while the proposal moves through review.
The proposal entered review before publication
The regulatory record describes the measure as economically significant. It shows the proposal cleared White House review on August 19, 2026.
The proposal was then submitted for White House review on August 24, 2026, before DHS published it the next day. DHS and U.S. Citizenship and Immigration Services filed the measure under the Department of Homeland Security.
Those review steps do not replace notice-and-comment rulemaking. Publication started the period for public input, not a new fee schedule.
Immigration firms have advised that the charge is not effective and should not be included in current filings unless a later rule establishes an operative date. The American Immigration Lawyers Association also described the measure as a proposed fee for certain H-1B petitions, with comments due 30 days after publication.
The administration has described the fee as a way to recover immigration-system costs, encourage companies to hire American workers, and encourage higher pay. The proposal’s legal effect remains tied to the next stages of the rulemaking process.
Any future charge would begin with the final rule’s effective date
If DHS adopts the measure, the final text will determine which filings fall within its effective date and whether transition rules apply. Only petitions covered by that date would face the new charge.
Until then, the operative filing landscape remains the one employers and workers used before the August 25 publication. The next fixed event is the September 24, 2026 deadline for public comments.
