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Understanding the Proposed H-1B Filing Fee Changes and the Impact on Workforce Planning

Client Alert
August 27, 2026

On August 25, 2026, the Trump administration published a proposed rule to impose another $103,265 payment clause on any new H-1B visa “cap-subject” petitions. The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have given agencies a 30-day period to comment.

If implemented: Which Employers will be Affected by the $103,265 payment?

  • New H-1B Cap Subject Petitions for Overseas Beneficiaries: Affected.
  • New H-1B Cap Subject Petitions for Beneficiaries within the U.S., i.e. “change of status” petitions including OPT/F-1 to H-1B petitions: Affected.
  • OPT to H-1B New Cap Subject Petition: Affected.
  • All future H-1B lottery petitions: Affected.

Who will Not Be Affected by the $103,265 payment?

  • Current H-1B visa holders with the Same Employer: Not Affected. Cap Exempt valid visas and approved petitions may remain unaffected.
  • H-1B Future Extensions and Renewals with the Same Employer: Not Affected.
  • H-1B Portability/Change of Employer: Not clear guidance. If “cap exempt” Not Affected.
  • “Cap-Exempt H-1B New Petitions” related to Universities, Hospitals or Non-Profits: Not Affected.

You can watch BMD Immigration Member Duriya Dhinojwala's interview with NDTV, which is India’s most watched T.V. channel, on YouTube here. She discusses the impact on the future of the H-1B visas if this fee is not stayed by the federal courts. The interview starts at the 3-minute mark.

Contact Duriya Dhinojwala with additional questions and information on this proposed ruling at ddhinojwala@bmdllc.com or 330.253.5790.

ImmigrationWorkforce Enforcement of Immigration LawsH-1BH1B VisaVisa
Client Alert

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September 8, 2025The Centers for Medicare & Medicaid Services (CMS) has announced two key updates effective January 1, 2026: a six-state prior authorization pilot program targeting high-risk services under the WISeR Model, and proposed revisions to the Physician Fee Schedule (PFS) that include increased payment rates, expanded telehealth coverage, and updated policies for chronic care, behavioral health, and rural providers.Client Alert

USCIS Policy Updates: Implications for Business Immigration

August 20, 2025In August 2025, USCIS issued three key policy updates enhancing vetting, good moral character (GMC) evaluations, and scrutiny of "anti-American" conduct in immigration adjudications. These policy memos will impact employers sponsoring foreign workers, including H-1B, L-1, EB visas, adjustments, and naturalization.Client Alert

Ohio Passes Antidiscrimination Provision for CRNA Reimbursement

August 14, 2025Ohio has passed House Bill 96, introducing a provider nondiscrimination provision that requires health plans to reimburse certified registered nurse anesthetists (CRNAs) at the same rate as physicians for the same services. The law aims to improve patient access to care by eliminating payment discrimination against CRNAs and will take effect on September 30, 2025.Client Alert

Ohio Board of Pharmacy | Administrative Code Rule Changes

July 16, 2025The Ohio Board of Pharmacy (“BOP”) recently posted notices of Ohio Administrative Code rule changes related to record keeping and the sale and distribution of certain ephedrine-containing products.Client Alert

A Shift in Coverage: HHS Reinterprets “Federal Public Benefit” Under PRWORA

July 16, 2025The U.S. Department of Health and Human Services rescinded a 1998 interpretation of “federal public benefit” used in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) on July 10, 2025. This notice removes "outdating exclusions" and includes additional programs under “federal public benefit."
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