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DHS Changes Process for Awarding H-1B Work Visas to Better Protect American Workers

Agency announcementPublished Dec 23, 2025

A USCIS announcement describes the agency's own action. Legal effect, and the detail of how it applies, usually arrives separately in the Federal Register or the USCIS Policy Manual.

What the document says

The Department of Homeland Security is amending regulations governing the H-1B work visa selection process to prioritize the allocation of visas to higher-skilled and higher-paid aliens to better protect the wages, working conditions, and job opportunities for American workers.

Who the document names

Visa categories

H-1B specialty occupation

Where the document says this
  • H-1B specialty occupation: “DHS Changes Process for Awarding H-1B Work Visas to Better Protect American Workers”

Whether it applies to a particular person depends on facts this record does not have.

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Annual dates, shown for context. This document does not set them.

Proposed ruleProposed Aug 25, 2026

Fee for Certain H-1B Petitions

The Department of Homeland Security (DHS) proposes to establish a $103,265 fee, payable at the time of filing, for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption, which would be imposed in addition to all other applicable fees or payments. This fee would serve as a dedicated revenue mechanism to help recover a portion of the federal government's costs of administering the lawful immigration system, including activities carried out by DHS, the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), and the U.S. Department of Labor (DOL).

Agency announcementPublished Aug 24, 2026

DHS Proposes Additional H-1B Fee

The Department of Homeland Security (DHS) is proposing to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption.

Final ruleStated effective date Sep 9, 2026

9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas

The Department of Homeland Security (DHS) is amending the regulations concerning the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 Visas (9-11 Biometric Fee). The regulatory changes correct DHS's interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies, which includes extension of status petitions that do not involve a change of employer. The 9-11 Biometric Fee continues to apply unchanged to petitions seeking an initial grant of status. The changes also help DHS comply with its congressional mandate to implement a biometric entry-exit system.

Federal Register ↗Changes requirements

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About this record

Source
USCIS newsroom, checked Aug 2, 2026
Review
Classified automatically; not reviewed by a person

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