United States: DHS to Propose H-1B Program Changes
August 25, 2026
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At a glance
- The Department of Homeland Security (DHS) has initiated the process to propose a new regulation that would revise the H-1B program; the proposal is under review at the Office of Management and Budget.
- According to DHS’s description of the proposed rule, it would revise eligibility for cap exemptions, provide greater scrutiny of employers deemed to have violated H-1B program rules, and increase oversight of third-party placements, among other changes. Details will not be known until the proposed rule is released for publication.
- Once the proposal is published in the Federal Register, DHS will accept public comments for 30 or 60 days.
The issue
The Department of Homeland Security (DHS) has begun the process to propose a new regulation that would revise various aspects of the H-1B nonimmigrant program. The proposed regulation is currently being reviewed by the Office of Management and Budget (OMB); once it clears OMB review, it will be published in the Federal Register for a 30- or 60-day public comment period.
The contents of the proposal will remain confidential until released for publication in the Federal Register. However, DHS says that the rule would revise eligibility for cap exemption, provide greater scrutiny of employers deemed to have violated program rules, and increase oversight of the placement of H-1B employees at third-party worksites, among other changes. Plans for the proposed rule were included in the agency’s regulatory agenda, released in July.
The H-1B classification has been the focus of significant regulatory action. OMB is currently reviewing a DHS proposal that would require an additional fee of $103,265 for all H-1B cap-subject petitions, including both change of status and consular notification petitions. In early August, DHS announced the expansion of a fee that petitioners with a high percentage of H-1B and L-1 employees must pay. In addition, the Department of Labor has proposed increasing minimum required wages for the H-1B classification and other wage-regulated immigration programs.
What’s next for the proposed rule
Once the proposed regulation clears federal review, it will be published in the Federal Register with a public comment period of 30 or 60 days. The rule would not take effect until DHS reviews the feedback it receives and publishes a final regulation with a specific implementation date.
When the proposal is published, the views of employers will be important to advise DHS about the impact on the business community. Fragomen’s Government Strategies Group is available to assist organizations interested in submitting comments.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
