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DHS H-1B Petition Fee Proposal
The Department of Homeland Security (DHS) has issued a proposed rule that would impose a new $103,265 fee on H-1B cap-subject petitions, including petitions filed under the U.S. advanced-degree exemption. The proposed fee would be paid at the time the H-1B petition is filed and would be in addition to other applicable H-1B filing fees and payments. DHS states that the additional revenue would be used to recover costs associated with administering the lawful immigration system across multiple federal agencies. The proposal would apply to cap-subject H-1B petitions and would not generally apply to H-1B petitions that are exempt from the annual numerical cap.
If finalized, the proposal would substantially increase the cost for employers filing new cap-subject H-1B petitions. DHS calculated the proposed $103,265 amount based on projected government immigration-related costs and an anticipated volume of approximately 85,000 fee-paying petitions. Importantly, this is currently a proposed rule and has not taken effect. DHS is accepting public comments on the proposal through September 24, 2026, after which the agency may issue a final rule that could retain, modify, or withdraw the proposed fee.
DHS Proposes Eliminating 60-Day Grace Period for Certain Nonimmigrant Workers
The Department of Homeland Security (DHS) has issued a proposed rule that would eliminate the discretionary grace period of up to 60 days currently available to certain employment-based nonimmigrant workers following the end of their employment. The proposal would affect individuals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, as well as their dependents. Under the current regulation, qualifying workers may generally remain in the United States for up to 60 days following the cessation of employment, or until the end of their authorized validity period, whichever is shorter, without being considered to have failed to maintain nonimmigrant status solely because their employment ended.
If finalized as proposed, the rule would remove that grace period and generally require affected nonimmigrant workers to depart the United States once the employment or activity underlying their status ends, unless they are otherwise authorized to remain in the country. This could significantly reduce the amount of time available for workers who lose or leave employment to secure a new employer, file an extension or change of status, or pursue another immigration option while remaining in the United States. The proposal has not yet taken effect, and DHS is accepting public comments through November 10, 2026.
BIA Overrules Longstanding Advance Parole Precedent
The Board of Immigration Appeals (BIA) recently issued Matter of Delcarmen-Lara, overruling the 2012 decision in Matter of Arrabally and Yerrabelly. For more than a decade, Arrabally and Yerrabelly provided that certain individuals who departed the United States pursuant to advance parole were not considered to have made a “departure” for purposes of the unlawful presence bars. The new BIA decision changes that interpretation and may affect individuals who have accrued unlawful presence in the United States and later travel abroad with advance parole.
The decision may have significant consequences for individuals who rely on advance parole to travel while maintaining immigration benefits or pursuing permanent residence, including some DACA recipients, TPS beneficiaries, and applicants with pending adjustment of status cases. Individuals who have previously accrued unlawful presence should therefore carefully evaluate the potential immigration consequences before traveling outside the United States, even if they have been granted advance parole or other permission to travel. Because the impact will depend on each person’s immigration and travel history, individuals considering international travel should consult with immigration counsel before departing the United States.
At Brown Immigration Law, we are committed to keeping you informed of the latest developments and providing expert legal guidance during this uncertain time. If you or a loved one is impacted by these changes, our experienced attorneys are here to help you navigate your options and protect your rights. Stay connected with us for timely updates, and don’t hesitate to reach out for personalized assistance.
