Work & skilled workersProposalHigh impactVerified

United States Work Permits

🇺🇸 United StatesWork Permits8 recorded versionsLast change 24 Aug 2026

ConfidenceVery high · 100%

Current rules

The Department of Homeland Security (DHS) proposes to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. This proposed fee would be paid at the time of filing and would be in addition to all other applicable fees or payments.

Overview

The Department of Homeland Security (DHS) has updated regulations concerning the 9-11 Biometric Fee for H-1B and L-1 visas. This amendment clarifies that the fee is now mandatory for all extension of status petitions, even those without an employer change or where the fraud prevention fee is not applicable. This change aims to align with statutory language and support the implementation of a biometric entry-exit system.

Who is affected by the latest change

Employers who file H-1B cap-subject petitions
Individuals who want H-1B status under the cap-subject group
Individuals who want H-1B status under the advanced degree exemption

What changed in the latest version

Before

Before this proposal, H-1B cap-subject petitions had existing U.S. Citizenship and Immigration Services (USCIS) fees. They did not have an extra $103,265 fee. That fee is new. It is specifically meant to cover many federal government costs for the immigration system.

After

The Department of Homeland Security (DHS) proposes a $103,265 fee for all H-1B cap-subject petitions. This includes petitions for people who qualify for the advanced degree exemption. You would pay this proposed fee when you file the petition. It would be an extra cost, in addition to all other fees or payments that apply.

This proposed fee greatly increases the money employers and individuals must pay for H-1B cap-subject visas. Employers who sponsor H-1B workers will have much higher costs at the start. This might change their decisions about hiring and their budgets for hiring foreign talent. People who apply for the cap will face higher costs to get H-1B status. This is because their sponsors will have this extra financial burden. This change affects the application process. It adds a new, large fee. You must pay this fee when you file. This makes the first step of applying more costly.

Explained simply

Imagine if applying for a special work permit, called an H-1B visa, suddenly got a lot more expensive. The government is suggesting adding a big extra fee of $103,265 on top of what companies already pay to bring in workers with these permits. They want this money to help cover all the costs of running the immigration system, like checking applications and making sure everything is fair and secure. If you're a company trying to hire someone with this type of permit, it would cost you a lot more money. If you're a person hoping to get one, it might make it harder for companies to afford to sponsor you. But, if a company is a special kind like a university or a research group, they might not have to pay this extra fee.

Frequently asked

Version history

v10Issued 24 Aug 2026ProposalHigh impact
DHS Proposes Additional H-1B Fee of $103,265 for Cap-Subject Petitions
The Department of Homeland Security (DHS) wants to add a fee of $103,265 for all H-1B cap-subject petitions. This includes petitions for people with advanced degrees that are exempt from the usual cap. This new fee was announced on 24 August 2026. You would pay it when you file the petition, along with other fees you already pay. DHS believes this fee will raise about $8.8 billion each year. This money would help cover the federal government's costs to run the legal immigration system. The fee will apply to employers and people who file H-1B cap-subject petitions. It will not apply to petitions that are not subject to the cap. Examples include petitions from non-profit research groups and universities, which are exempt.
v9Effective 21 Sept 2025EffectiveCritical impact
U.S. Imposes $100,000 Fee on H-1B Visa Petitions for Workers Outside the U.S.
Starting 21 September 2025, a new Proclamation limits how H-1B workers can enter the United States. Employers must include a $100,000 payment with petitions for H-1B specialty occupation workers. A specialty occupation is a job that usually needs a bachelor's degree or higher in a specific field. The Secretary of Homeland Security will stop decisions on H-1B petitions that do not include this payment, for workers who are currently outside the U.S. This restriction lasts for 12 months. There is an exception if the government decides the case is important for the country's interest and does not threaten security. This rule aims to stop what the government sees as misuse of the H-1B programme, especially in technology industries. It affects both employers and people who want to work in the U.S. with an H-1B visa.
v7Issued 17 Aug 2026ConsultationInformational impact
Justice Department Proposes New Information Collection for T Visa Certification Letters
The Department of Justice Criminal Division has announced a 30-day public notice. This notice is about a new way it plans to collect information. This new collection is called 'Requests for DOJ Certification Letters for T Visa Holders'. The Department of Justice will send this plan to the Office of Management and Budget (OMB) for review and approval. The notice was published on 17 August 2026. People can send comments about this plan until 16 September 2026. This plan affects people who need a Department of Justice Certification Letter for their T visa application.
v6Effective 29 Apr 2026AnnouncementHigh impact
Cap Reached for Second Allocation of Returning Worker H-2B Visas for Fiscal Year 2026
U.S. Citizenship and Immigration Services (USCIS) announced on 29 April 2026, that it received enough petitions to meet the limit for a second group of 27,736 extra H-2B visas. These visas were for returning workers who would start jobs between 1 April and 30 April 2026. The last day USCIS accepted petitions for this extra group of visas was 21 April 2026. This limit applied to U.S. businesses with temporary or seasonal worker needs. These businesses had to state that they were suffering or would soon suffer serious harm if they did not get these workers.
v5Effective 15 Sept 2026EffectiveMedium impact
New visa rules limit foreign journalists to 240-day stays in the US
The U.S. Department of Homeland Security changed a rule. This rule affects how long I-visa holders can stay. I-visa holders are foreign journalists and people who work for foreign news groups. Before, most I-visa holders could stay for the time their work required. This was called "duration of status." Now, most I-visa holders will get a set stay of up to 240 days. Journalists who have a passport from the People's Republic of China, but not Hong Kong or Macau, can only stay up to 90 days. People can ask for more time through the U.S. Citizenship and Immigration Services (USCIS).
v3Effective 9 Sept 2026EffectiveMedium impact
9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas Regulation Amendment
The Department of Homeland Security (DHS) completed a rule change. This rule expands a special fee, called the 9/11 Response and Biometric Entry-Exit Fee. This fee now applies to requests for H-1B and L-1 visa extensions. It affects specific large employers. The fee is $4,000 for H-1B requests. It is $4,500 for L-1 requests. This fee applies to employers that have 50 or more employees in the U.S. Also, more than 50% of these employees must be H-1B, L-1A, or L-1B visa holders.
v2Effective 3 Aug 2026AnnouncementMedium impact
Labor Certification Process for the Temporary Employment of Foreign Workers in Agriculture in the United States: Adverse Effect Wage Rate Updates for Non-Range Occupations
The Employment and Training Administration (ETA), a part of the Department of Labor (DOL), is updating the minimum wage rates. These rates are called Adverse Effect Wage Rates (AEWR). They apply to foreign workers who come to the U.S. temporarily or seasonally for agricultural jobs. These workers are called H-2A workers. The rates also apply to similar U.S. workers. Employers must pay these rates. This stops employers from lowering wages and working conditions for U.S. workers.
v1Issued 27 May 2026ConsultationInformational impact
Agency Information Collection Activities; Reinstatement, With Change, of a Previously Approved Collection for Which Approval Has Expired: Petition for a Nonimmigrant Worker: H-2A Classification
U.S. Citizenship and Immigration Services (USCIS) announced its plan to ask the Office of Management and Budget (OMB) for approval. They want to reinstate, with changes, a form that was approved before, but its approval ran out. This form is called Form I-129H2A (Petition for a Nonimmigrant Worker: H-2A Classification). USCIS published this announcement on 27 May 2026. This allows people to comment on the updated form for another 30 days. The comment period ends on 26 June 2026. Before this, there was a 60-day comment period that ended on 29 January 2026. Two people sent comments during that time. This policy is for employers in the United States who ask for H-2A nonimmigrant workers.

Timeline

Action deadline
16 Sept 2026
Review the proposed information collection: Access the Federal Register Notice (91 FR 53280) to understand the details of the new collection.
Announced
24 Aug 2026
The U.S. Department of Homeland Security (DHS) proposes an additional fee of $103,265 for all H-1B cap-subject petitions, including those for advanced degree exemptions. This new fee, intended to recover federal government costs for immigration system administration, would apply to employers filing such petitions and would be due at the time of filing. H-1B petitions not subject to the annual cap,
Announced
17 Aug 2026
The U.S. Department of Justice (DOJ) has announced a new information collection activity for T Visa holders, titled "Requests for DOJ Certification Letters for T Visa Holders." This initiative outlines a process for these individuals to obtain official certification letters from the DOJ. The Notice was published in the Federal Register on 17 August 2026, and is open for public comments until Sept
Takes effect
10 Aug 2026
Covered employers must now submit the 9-11 Biometric Fee for all H-1B and L-1 extension of status petitions. This includes petitions that do not involve a change of employer and regardless of whether the related fraud prevention and detection fee applies. The fee continues to apply to petitions seeking an initial grant of status without change.
Announced
29 Apr 2026
The U.S. Citizenship and Immigration Services (USCIS) has announced that the cap for the second allocation of H-2B returning worker visas for Fiscal Year 2026 has been reached. This allocation included an additional 27,736 visas for workers with start dates between 1 April and 30 April 2026. The original H-2B supplemental cap temporary final rule, announced on 30 January 2026, made up to 64,716

goborda provides monitoring and explanation of publicly available policy information. It is not legal advice. Always confirm with the official source or a licensed immigration professional before acting.