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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

Corporate Transparency Act Update 3/14/24

March 14, 2024On March 1, 2024, a federal district court in the Northern District of Alabama concluded that the Corporate Transparency Act (“CTA”) exceeded Congressional powers and enjoined the Department of the Treasury from enforcing the CTA against the plaintiffs. National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.). On March 11, 2024, the U.S. Department of Justice appealed the district court’s decision to the Eleventh Circuit Court of Appeals.Client Alert

The Ohio State University Launches Its Accelerated Bachelor of Science in Nursing Program

February 27, 2024In response to Ohio’s nursing shortage, The Ohio State University College of Nursing is accepting applications for its new Accelerated Bachelor of Science in Nursing program (aBSN). Created for students with a bachelor’s degree in non-nursing fields, the aBSN allows such students to obtain their nursing degree within 18 months. All aBSN students will participate in high-quality coursework and gain valuable clinical experience. Upon completion of the program, graduates will be eligible to take the State Board, National Council of Licensure Exam for Registered Nursing (NCLEX-RN).Client Alert

Another Transparency Obligation: The FinCEN Beneficial Ownership Information Reporting Requirements

February 26, 2024Many physician practices and healthcare businesses are facing a new set of federal transparency requirements that require action now. The U.S. Department of Treasury Financial Crimes Enforcement Network (“FinCEN”) Beneficial Ownership Information Reporting Requirements (the “Rule”), which was promulgated pursuant to the 2021 bipartisan Corporate Transparency Act, is intended to help curb illegal finance and other impermissible activity in the United States.Client Alert

“In for a Penny, in for a Pound” is No Longer the Case for Florida Lawyers

February 19, 2024On April 1, 2024, newly adopted Rule 1.041 to the Florida Rules of Civil Procedures goes into effect which creates a procedure for an attorney to appear in a limited manner in civil proceedings.  Currently, when a Florida attorney appears in a civil proceeding, he or she is reasonable for handling all aspects of the case for their client.  This new rule authorizes an attorney to file a notice limiting the attorney’s appearance to particular proceedings or specified matters prior to any appearance before the court.  For example, an attorney can now appear for the limited purpose of filing and arguing a motion to dismiss.  Once the motion to dismiss is heard by the court, the attorney may file a notice of termination of limited appearance and will have no further obligations in the case.Client Alert

Enhancing Privacy Protections for Substance Use Disorder Patient Records

February 16, 2024On February 8, 2024, the U.S. Department of Health and Human Services (“HHS”) finalized updated rules to 42 CFR Part 2 (“Part 2”) for the protection of Substance Use Disorder (“SUD”) patient records. The updated rules reflect the requirement that the Part 2 rules be more closely aligned with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy, breach notification, and enforcement rules as mandated by the Coronavirus Aid, Relief, and Economic Security Act of 2020.
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