A Department of Homeland Security (DHS) proposal to set a fee on certain H-1B petitions cleared White House review on August 19, 2026, moving it one step closer to publication.
The Office of Information and Regulatory Affairs (OIRA) concluded its review of the rule, titled "Fee for Certain H-1B Petitions" (RIN 1615-AD20). The proposal is flagged as economically significant and major, with a regulatory flexibility analysis required because small businesses would be affected.
What does the rule actually do?
Because the rule’s contents are not public, it’s unclear what fee amount it’s referring to, and which petitions or employers it covers. Until DHS publishes it in the Federal Register, any notice and effective date will also remain unknown.
What happens next?
Nothing changes for employers or H-1B workers today. Once the proposed rule goes public on the Federal Register, individuals will be able to submit comments for a designated period of time. Then, DHS must consider the public’s feedback before issuing a final rule, which must also clear White House review.
This is a developing story. We'll continue to update this article as more information gets released.
About the Author
Staff Writer
Caryl Espinoza Jaen is a Nicaraguan-born staff writer for Manifest Law. As a writer, he strives to cover complex topics like immigration policy with clarity, accuracy, and precision.
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Immigration Lawyer to Manifest Law
Ana Gabriela Urizar is an award-winning immigration attorney licensed in Arizona and New York. With nearly a decade of experience, she advises global corporations on complex U.S. immigration matters. Originally from Guatemala, Ana Gabriela previously spent close to ten years at the world’s largest immigration firm, managing business immigration matters for leading technology, science, and financial companies. She has been recognized by Best Lawyers: Ones to Watch (2027) and Negocios Now’s Tri-State 40 Under 40.
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