The H-1B visa program could face significant changes, with proposals concerning a new USD 103,265 filing fee, the existing 60-day grace period after job loss, and rules affecting H-4 dependent spouses. Together, these developments could have implications for employers, foreign workers, and their families in the United States. However, these measures are at different stages of the regulatory process. Some remain proposals awaiting publication or public feedback, while others are still in early regulatory discussions. For H-1B workers, it is important to understand what has changed and what remains proposed.
What Is the Proposed USD 103,265 H-1B Fee?
The U.S. Department of Homeland Security (DHS) has proposed a standalone filing fee for new, cap-subject H-1B petitions. Employers would pay the charge, and it would be added to existing processing and administrative fees. The proposal would apply to.
- New cap-subject H-1B petitions
- Petitions under the advanced-degree exemption
- Employers filing eligible new H-1B cases.
Existing H-1B extensions and transfers would be excluded. Cap-exempt organizations, including universities and nonprofit research institutions, would also be exempt from the proposed fee. As a result, the measure would apply only to specific cases. The measure has been published as a notice of proposed rulemaking by U.S. Citizenship and Immigration Services. The public comment period is open through September 24, 2026. Therefore, the USD 103,265 fee is not currently a final or active requirement.
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Could The 60-Day Grace Period Be Removed?
Another proposal could change what happens when an H-1B worker loses their job. DHS has advanced a proposal titled “Eliminating the Discretionary 60-day Grace Period,” which has cleared White House regulatory review through the Office of Information and Regulatory Affairs. Under the existing framework, eligible workers can have up to 60 days after their employment ends to find another sponsor, change their immigration status, or make arrangements to leave the country.cIf the proposal is finalized, it could affect workers in categories including.
- H-1B
- L-1
- O-1
- TN
Removing the grace period could leave affected workers with considerably less time after losing employment, potentially requiring immediate departure or a return to shorter legacy timelines. For now, however, the existing grace period remains in effect as the proposal is awaiting formal publication and public feedback, so it has no immediate legal effect.
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What Could Change For H-4 Dependents?
Potential changes are also being considered for H-4 dependents, particularly regarding employment authorization for qualifying spouses of H-1B workers. Proposals and internal discussions concerning H-4 spouse work authorization and stay requirements remain at an early regulatory stage. No final restrictions have been enacted.
This means:
- Existing H-4 rules remain functional.
- No final restriction on the employment authorization of qualifying H-4 spouses has taken effect.
- Further regulatory action would be required before proposed changes become effective.
What Do The Proposed Changes Mean For H-1B Workers?
Taken together, the proposals could make the H-1B system more expensive for some employers while reducing flexibility for foreign workers following job loss. Potential changes to H-4 policies could also affect families accompanying H-1B visa holders. Their current status, however, is crucial. The proposals should not be interpreted as though all three changes have already become law.
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Author’s Note
Visa headlines can become confusing very quickly, especially when proposals are reported as though they are already rules. A USD 103,265 H-1B fee or the removal of the 60-day grace period would understandably worry workers and their families, but the most important thing is to separate what could happen from what has actually changed. Before making any employment, travel, or immigration decisions based on these developments, check the latest official USCIS and DHS updates to confirm whether a measure is still proposed, has been finalized, or is actually in effect.
Summing Up
The proposed USD 103,265 H-1B fee, possible elimination of the 60-day grace period, and discussions surrounding H-4 dependent rules could significantly affect the U.S. employment-based immigration system. For now, the fee remains a proposal open to the public while the 60-day grace-period proposal is awaiting formal publication and feedback, and H-4 changes remain at an early regulatory stage. Until these processes advance and final rules are issued, existing requirements continue to apply. The key takeaway being that these changes are still proposed, not final.
