
The Department of Homeland Security proposal, identified as RIN 1615-AD20, received clearance from the Office of Information and Regulatory Affairs on August 20, 2026. The measure now heads toward formal publication and a public comment period, though the specific fee amounts, affected petitioners, and implementation timeline remain undisclosed.
The clearance does not mean any new fee is in effect. The rule must still undergo the federal rulemaking process, including a public comment period, before DHS can issue a final regulation. This step comes as the administration pursues broader changes to the H-1B program, which Indian nationals have historically dominated as beneficiaries.
A separate DHS proposal in the federal regulatory pipeline would revise H-1B eligibility for certain cap exemptions, increase scrutiny of employers with past violations, and strengthen oversight of third-party placements. That measure aims to improve program integrity and protect U.S. workers' wages and working conditions.
Any fee increase could affect companies that sponsor foreign workers, especially smaller employers relying on specialized talent. The proposal follows a 2024 USCIS fee rule that changed costs across multiple immigration categories, including H-1B filings and registration.
For H-1B workers and employers, no new fee has taken effect under this proposal. But the development signals continued administration efforts to reshape the program, with potential additional costs and stricter requirements ahead.
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