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ARTICLE · 27 AUGUST 2026

Recent Developments In U.S. Immigration Policy

Moore & Van Allen, PLLC
Moore & Van Allen, PLLC
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Moore & Van Allen, PLLC

Moore & Van Allen, PLLC

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The U.S. Department of Homeland Security has proposed a dramatic new fee structure that would add over $100,000 to the cost of filing certain H-1B visa petitions. This proposed rule could fundamentally reshape employer-sponsored immigration by generating an estimated $8.8 billion annually while significantly increasing the financial burden on companies seeking to hire foreign workers under the H-1B cap. Employers and stakeholders have until September 24, 2026...

United StatesImmigration
Amanda Carrano Franklin
Amanda Carrano Franklin
Stephen Hader
Stephen Hader
Jennifer Kim
Jennifer Kim

DHS Proposes $103,265 Fee for Certain H-1B Petitions

The U.S. Department of Homeland Security through U.S. Citizenship and Immigration Services (USCIS) has proposed a rule that would impose a new $103,265 fee on each H-1B petition subject to the annual H-1B cap. The proposed fee would be payable when the petition is filed and would be charged in addition to all other applicable H-1B filing fees and payments.

What H-1B Petitions Would Be Affected

It is important to note that this is a proposed rule and does not currently apply to H-1B filings. DHS must first accept and review public comments and decide whether to issue a final rule. The public-comment period closes on September 24, 2026. If DHS finalizes the rule, the final rule would need to identify its effective date and implementation procedures.

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