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

Client Alert

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.


Your Golden Chance for H-1B Lottery Registration - March 2026

USCIS H-1B registration opens March 4–19, 2026. U.S.-based employees on valid nonimmigrant status are exempt from the $100,000 fee for change of status petitions. The new weighted lottery favors higher-skilled and higher-paid employees, improving odds for advanced degree holders and Wage Level 3 or 4 workers.

Invisible Algorithms: The Hidden Role of Artificial Intelligence in USCIS Immigration Processing

The Department of Homeland Security has confirmed that artificial intelligence and machine learning tools are now integrated into numerous operational functions within U.S. Citizenship and Immigration Services (USCIS). These tools are described as mechanisms to improve efficiency, reduce backlogs, and assist officers in managing an unprecedented volume of applications. DHS emphasizes that human adjudicators retain decision-making authority and that AI systems do not independently grant or deny immigration benefits. Find out how AI affects the U.S. immigration process.

OAAPN | Year In Review: 2026 Ohio Board of Nursing and Ohio Law Rules

Find out key changes to Ohio law and the Ohio Board of Nursing rules that have directly impacted APRN practice over the past year, including Psychiatric Inpatient Documents, Intimate Examinations, Signature Authority, Duties Related to Fetal Death, Retail IV Therapy Clinics, Release from Permanent Restrictions, Disciplinary Action, Course on Drugs and Prescriptive Authority, Overdose Reversal Drugs, Office Based Opioid Treatment, Withdrawal Management for Substance Use Disorder, Safe Haven Program, and more.

Ohio House Bill 537: Proposed Regulations for Midwives and Birthing Centers

House Bill 537, introduced in the Ohio House of Representatives, proposes a comprehensive regulatory framework for certified nurse-midwives, certified midwives, licensed midwives, and traditional midwives. The legislation would clarify scope of practice, establish licensure standards, and impose new requirements for freestanding birthing centers and home births. Healthcare providers and facilities should be aware of the proposed changes and their potential operational impact.

Proposed Health Information Privacy Reform Act Expands Protections Beyond HIPAA

The Health Information Privacy Reform Act (HIPRA) seeks to extend privacy protections to health data not covered under HIPAA, including data collected by apps and wearables. HIPRA introduces broader definitions of protected health information, strengthens privacy and security requirements, establishes patient notification rights, and sets national de-identification standards. Companies processing health data should monitor developments to ensure compliance.