- White House OIRA completed its review of a new H-1B worker fee proposal on August 19, 2026.
- A separate expansion of the four thousand dollar fee for H-1B extensions begins September 9.
- The proposed rule is classified as economically significant, indicating a major impact of over one hundred million dollars.
The Department of Homeland Security advanced a proposed H-1B Worker Fee rule after the White House OIRA completed its review on August 19, 2026. The measure, titled "Fee for Certain H-1B Petitions," could change what employers pay for covered H-1B filings.
U.S. Citizenship and Immigration Services submitted the proposal under RIN 1615-AD20. It remains a proposed rule, not a final requirement. The text will become available when the administration publishes it.
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The review office marked the action "Consistent with Change." That designation clears the proposal for formal publication in the Federal Register, which is expected in the coming days.
The rule carries two high-impact classifications. OIRA lists it as "Economically Significant" and "Major," reflecting an expected annual economic impact of $100 million or more.
The pending measure arrives as DHS pursues other H-1B fees and enforcement changes. One separate charge expands next month.
A separate fee expansion begins September 9
DHS finalized a rule identified as RIN 1651-AB48. The rule expands a $4,000 H-1B supplemental fee to all extension of status petitions filed by covered employers.
The same action sets a $4,500 fee for covered L-1 filings. Previously, the H-1B charge applied only to initial petitions.
The rule reaches companies with 50+ employees when more than 50% of their workers hold H-1B or L-1 status. It takes effect on September 9, 2026.
That separate rule already has a published record. The Federal Register lists it at 91 FR 51360, dated August 10, 2026.
Employers must account for the new extension charge separately from the pending proposal. The two measures could overlap in cost.
The pending proposal leaves the amount unsettled
The administration has not released the new proposal’s fee schedule. Its exact requirements remain undisclosed until publication.
That leaves employers without the amount they would need for filing budgets. H-1B-dependent firms could face several thousand dollars in added cost for one extension when the September fee expansion combines with the proposed rule.
Indian nationals would feel any increase across a large share of the program. They have represented over 70% of H-1B approvals in recent years, with employers in the technology and healthcare sectors among those affected.
The fee proposal also follows a court ruling against an earlier charge. The U.S. District Court for the District of Massachusetts vacated a $100,000 supplemental fee for certain new H-1B petitions in June 2026.
That fee originated in a September 2025 Presidential Proclamation. The case was State of California v. Mullin.
USCIS later described DHS’s position in an official alert dated July 28, 2026:
"DHS strongly disagrees with the court’s order and filed a motion to stay pending appeal with the United States Court of Appeals for the First Circuit. DHS will comply with the court’s order while DHS considers next steps. If this order is later lifted, DHS still plans to collect the payment."
The agency said it would follow the court’s order while considering its next steps. DHS has also filed a motion to stay pending appeal with the First Circuit.
Workers face a separate proposal on job loss
DHS submitted another rule to OIRA on August 6, 2026. Identified as RIN 1615-AD22, it would eliminate the 60-day grace period for nonimmigrant workers who lose their jobs.
The proposed change would force affected workers to leave the United States immediately upon termination. It is separate from the fee rule.
That distinction places different responsibilities on the parties. Employers must track filing costs and any charges that apply to their petitions. Workers must monitor their own status and any rule affecting the period after employment ends.
The pending fee proposal has not yet reached that operational stage. Publication in the Federal Register would provide the text needed to assess its charges and requirements.
The official OIRA regulatory review record shows the August 19 conclusion. USCIS also maintains its newsroom and alerts, where agency notices on immigration filings and related actions appear.
