U.S. Citizenship and Immigration Services has published a sweeping proposed rule that would dramatically raise the cost of hiring skilled foreign workers through the H-1B visa programme.
The proposed rule, titled “Fee for Certain H-1B Petitions,” appeared in the Federal Register on August 25, 2026, and targets all H-1B cap-subject petitions filed by employers.
Under the proposal, employers would be required to include a $103,265 fee with each qualifying H-1B petition submitted to USCIS for consideration.
The agency states the fee is designed to cover costs beyond standard petition processing, reaching across multiple federal departments involved in the immigration system.
According to the proposal, the fee would cover costs “incurred by multiple Federal agencies in processing, adjudicating, and supporting the lawful immigration system, including U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE).”
The proposed fee represents a significant financial burden for businesses that routinely rely on the H-1B programme to recruit specialised talent from abroad.
Separately, on August 24, 2026, USCIS submitted another proposal to the Office of Information and Regulatory Affairs, this one titled “Reforming the H-1B Nonimmigrant Visa Classification Program.”
That proposal, according to its abstract in the Regulatory Agenda, would make changes to the H-1B programme “by revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third party placements, among other provisions.”
Together, the two proposals signal a broad federal effort to tighten controls over the H-1B system, which has long been a primary route for technology and professional services firms to bring in overseas workers.
Once the Office of Information and Regulatory Affairs completes its review, both proposals will be opened for public comment before any final rules are issued, a process that could take months to complete.
Businesses that depend on H-1B sponsorship will need to monitor the rulemaking process closely, as the financial and operational implications of these changes could be substantial.
On August 26, 2026, the National Labor Relations Board’s General Counsel also moved to set forth new case priorities, adding another layer of regulatory activity affecting employers across multiple sectors.
The NLRB developments, alongside the USCIS proposals, reflect a wider pattern of intensified federal agency activity shaping the labour and employment landscape heading into the autumn of 2026.
James J. Plunkett of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. compiled this week’s Beltway Buzz update, which also touches on OPT reforms and a review of significant prior rulings affecting employers.
Employers and legal teams are advised to engage during the public comment periods to ensure their operational concerns are heard before these rules are finalised.