New H-1B Fee Rule Clears White House Review — What to Expect

What Happened

On August 20, 2026, the White House Office of Information and Regulatory Affairs (OIRA) completed its review of a Department of Homeland Security proposal to update fees for H-1B worker petitions. The clearance of RIN 1615-AD20 signals that DHS can now move forward with publishing the rule, according to [Bloomberg Law](https://news.bloomberglaw.com/daily-labor-report/proposed-h-1b-worker-fee-update-clears-white-house-review-hurdle).

OIRA review is a required step for significant federal regulations before they can be issued by government agencies. Once cleared, the agency is free to publish the measure — typically as a proposed rule in the Federal Register, which then opens a public comment period before a final regulation is issued.

The full text of the proposed rule has not yet been made public. As a result, the specific fee amounts, which petition types would be affected, and the proposed effective date remain unknown. DHS has also separately sent a final regulation (RIN 1615-AC93) updating fee requirements for the EB-5 investor visa program to the White House for review.

How This Fits Into the 2026 H-1B Fee Landscape

This OIRA clearance adds another layer to what has become the most consequential year for H-1B costs in recent memory. Employers sponsoring H-1B workers are now tracking multiple simultaneous fee changes and legal developments:

• **$4,000 biometric screening fee** for H-1B extension-of-stay applications (DHS rule published August 10, 2026; effective September 9, 2026). Previously, this fee applied only to initial approvals or changes of employer.
• **$4,500 biometric entry-exit fee** for L-1 intracompany transfers, also effective September 9, 2026.
• **$100,000 external-hire fee** introduced in September 2025 for H-1B workers hired from outside the U.S. — vacated by the U.S. District Court for the District of Massachusetts in June 2026. The government's motion to stay pending appeal was denied by the First Circuit on July 24, 2026, meaning the fee currently cannot be collected.
• **New petition fee rule (RIN 1615-AD20)** — details unknown, cleared OIRA August 20, 2026. Publication expected soon.
• **2024 USCIS fee rule** — increased fees across multiple immigration categories, including H-1B registration and filing fees.

Who's Affected

Until the rule text is published, the exact scope remains unclear. However, because the proposal specifically targets H-1B petition fees, the most likely affected parties include:

• Employers filing new H-1B petitions (cap-subject and cap-exempt)
• Employers filing H-1B amendments and extensions
• Employers filing H-1B change-of-employer petitions
• H-1B workers whose employers pass filing costs through to them (where permitted by law)

What Attorneys Should Know

The OIRA clearance is a procedural milestone under Executive Order 12866, which requires OIRA review of "significant regulatory actions" before publication. The clearance of RIN 1615-AD20 confirms DHS considers this a significant rule — consistent with the scale of recent fee-related rulemaking.

Practitioners should monitor the [Federal Register](https://www.federalregister.gov/) and the [OIRA regulatory review dashboard](https://www.reginfo.gov/) for publication. Once issued as a proposed rule, the standard notice-and-comment process under the Administrative Procedure Act (5 U.S.C. § 553) will apply, giving stakeholders an opportunity to submit comments before finalization.

It is important to distinguish this rule from the existing fee instruments: the $100,000 fee was implemented through a separate regulatory mechanism and is currently enjoined; the $4,000 biometric fee was published as a distinct final rule on August 10. RIN 1615-AD20 appears to be a broader petition-fee restructuring, though its relationship to these other instruments will not be clear until the text is released.

Attorneys with pending H-1B petitions or upcoming filings should advise clients that while no new fee is currently in effect under this rule, the timeline from OIRA clearance to Federal Register publication is typically days to weeks — not months. Budget planning for FY2027 H-1B filings should account for the possibility of higher petition fees.

What Applicants Should Do

For H-1B workers and prospective applicants, the immediate takeaway is that no new fee has been approved or implemented through this development. The OIRA clearance is a behind-the-scenes regulatory step, not a change you need to act on today.

• If you have a pending H-1B petition or are planning to file soon, current fees still apply. No changes take effect until the rule is published, finalized, and its effective date arrives.
• If your employer sponsors your H-1B, ask your HR team or immigration counsel whether they are tracking the upcoming fee changes and how it might affect your case timeline or costs.
• The $4,000 biometric fee for extensions takes effect September 9, 2026. If you have an extension filing in progress, confirm with your attorney whether the filing date falls before or after September 9.
• Monitor Haven and official USCIS channels for updates when the rule text is published.

What Happens Next

DHS will publish the proposed rule in the Federal Register, likely within days to weeks of the OIRA clearance. The publication will include the full regulatory text, a cost-benefit analysis, and an explanation of DHS's rationale for the fee changes.

After publication, a public comment period (typically 30 to 60 days) will follow. DHS must review and respond to significant comments before issuing a final rule with an effective date.

Given the pace of regulatory action on H-1B fees in 2026 — and the administration's stated goal of restructuring the program — employers and practitioners should expect publication in September 2026, with a final rule potentially taking effect in early-to-mid 2027.