Five H-1B Changes Are in Motion at Once. Here Is the Full Scorecard.

The board at the start of FY2027

Fiscal Year 2027 begins October 1. The employment-based visa number supply resets today. And somewhere in the noise of priority date tracking, a separate and equally consequential set of changes is working its way through the H-1B system — not through the Visa Bulletin, but through rulemaking, executive orders, and final rules published in the Federal Register.

Five distinct H-1B regulatory actions are currently active. They overlap in timing, affect different parts of the H-1B pipeline, and create genuine confusion when people conflate them. One is already law and already in effect. One is a presidential directive generating real adjudication changes. Two are proposed rules that have cleared public comment and are moving toward finalization. One is still in the comment window. The $100,000 proclamation that generated so much attention over the past year is still technically on the books but remains unenforceable because a federal court vacated it. None of these are the same thing.

This is a status report on all five, as of September 29, 2026.

The one already costing employers money: 9-11 biometric fee

The 9-11 Response and Biometric Entry-Exit Fee is not a proposed rule. It is a final rule, and it has been collecting money since September 9, 2026. DHS published it on August 10, 2026, with an effective date of September 9. Any H-1B or L-1 petition postmarked or electronically submitted on or after that date is subject to the fee.

The fee is $150 per petition. It applies only to covered employers — companies that employ 50 or more individuals in the United States and where more than 50 percent of those employees are in H-1B or L-1 nonimmigrant status. Most large technology companies and consulting firms that sponsor H-1B workers in significant numbers clear the 50-employee threshold. Whether they clear the 50 percent H-1B/L-1 concentration threshold depends on their specific workforce composition.

For a company that files 500 H-1B petitions per year and meets the concentration threshold, this is $75,000 per year in new fees starting now. The fee stacks on top of the existing I-129 filing fee, ACWIA training fee, and fraud prevention and detection fee. It does not replace any of them. The rule is final. There is no comment period, no court challenge that has issued a stay, and no grace period beyond the September 9 effective date.

The one generating RFEs right now: layoff executive order

On September 18, 2026, President Trump signed an executive order directing the Departments of Labor, Homeland Security, and State to consider employer layoff history when adjudicating H-1B petitions — extensions, amendments, transfers, and new filings. The order is not a regulation. No section of the INA was amended. But it is already changing how agencies treat H-1B filings from employers who conducted reductions in force.

The layoff review uses a 12-month lookback window. Employers whose layoffs occurred from late September 2025 onward are in scope for any H-1B filing they submit now. The key term — whether laid-off U.S. workers were "similarly situated" to the H-1B worker being requested — will carry most of the adjudicative weight. An engineering firm that eliminated 30 percent of its software development team in January 2026 and is now filing H-1B extensions for software developers is in a different position than a company that laid off sales staff while hiring H-1B engineers.

DOL has a 30-day deadline from September 18 — approximately by October 18, 2026 — to begin reviewing previously submitted LCA data for employers whose layoff history conflicts with their displacement attestations. "Begin" is the deadline, not complete. But the review can generate debarment proceedings, civil money penalties, and referrals to USCIS that move faster than any regulatory process. Companies with significant recent workforce reductions in the relevant occupation should be preparing layoff documentation for every H-1B filing in their queue.

The big proposed fee: $103,265 NPRM comment period just closed

On August 25, 2026, DHS published a proposed rule in the Federal Register that would impose a $103,265 fee on cap-subject H-1B petitions. The fee would apply at the time of filing a selected cap-subject petition and would be in addition to all existing filing fees. The public comment period on this proposed rule closed on September 24, 2026 — five days ago.

A closed comment period does not mean the rule is final. It means USCIS and DHS must now review every comment submitted, prepare a response addressing substantive objections, and publish a final rule with those responses. The rulemaking process after a comment period typically takes months, sometimes longer, depending on the volume and complexity of comments received. Major proposed rules affecting large industries routinely receive tens of thousands of comments, each of which requires substantive agency response.

The practical question for employers is whether this rule could become final before the FY2028 H-1B cap registration period, which typically opens in March 2027. A rule published in final form by late February 2027 could apply to FY2028 cap petitions filed after registration. Given the pace of the current administration's rulemaking on immigration, a late 2026 or early 2027 final rule is plausible. A rule that takes until mid-2027 would miss the FY2028 cap season and apply only to FY2029 filings. Nothing about the timeline is certain until a final rule publishes.

The $100k proclamation: extended but still unenforceable

This one requires more precision than it usually gets on forums. In May 2025, the Trump administration issued a presidential proclamation requiring a $100,000 payment for certain H-1B petitions involving workers outside the United States. A federal court vacated that requirement, finding it procedurally improper. The administration appealed; the stay of the court's decision was denied by the First Circuit.

In September 2026, the administration extended the proclamation through September 21, 2027. The extension makes headlines and generates anxiety on immigration forums. But extending an unenforceable proclamation does not make it enforceable. As of today, the fee remains vacated by federal court order. USCIS is not collecting it. Employers do not need to include it in their H-1B filings. The extension keeps the policy on the books in anticipation that either an appellate court reverses the lower court's decision or the $103,265 NPRM becomes the enforcement mechanism going forward.

These are two different things: the $100k proclamation (unenforceable, litigation ongoing) and the $103,265 NPRM (proposed, not yet final). Do not confuse them. The $103,265 fee is larger, is going through a proper notice-and-comment process, and is on a path where it could actually become enforceable — unlike the proclamation, which is stuck in court.

The two structural changes still in the pipeline

Beyond the fee and the layoff order, two NPRMs address the core structure of the H-1B program. The H-1B grace period elimination proposed rule — which would end the current 60-day grace period that allows H-1B workers to remain in the U.S. after their employment ends — has a comment period closing November 10, 2026. If the rule finalizes and eliminates or shortens the grace period, it would significantly compress the timeline for workers who lose H-1B status to either find a new employer, file for change of status, or depart. The current 60-day period is what makes status transfers possible in most cases. Loss of that window would make H-1B layoffs far more immediately disruptive.

The H-1B reform NPRM addressing cap exemption eligibility and third-party placement restrictions cleared OMB/OIRA review in August 2026 and is expected to publish in the Federal Register for public comment. If finalized, it would restrict the categories of employers eligible for cap exemption and create additional evidentiary requirements for petitions placing H-1B workers at third-party client sites. This affects consulting firms, staffing agencies, and IT services companies that currently rely on the third-party placement model. The comment period has not yet opened as of this writing.

What this means if you are renewing, transferring, or filing now

For an employer filing an H-1B extension or transfer in October 2026, the checklist has grown. The 9-11 biometric fee applies immediately if you meet the covered employer threshold — confirm your headcount and H-1B/L-1 concentration now, not when USCIS issues an RFE. The layoff review is active for any employer who conducted workforce reductions since late September 2025 in the same occupational family as the H-1B worker. Prepare documentation of the business necessity for each position and the distinction between the laid-off roles and the H-1B role.

The $103,265 proposed fee is not yet owed. The $100k proclamation is not currently enforceable. Neither of these belongs in your filing package today, and including a payment referencing either — which some misguided advisory has apparently prompted people to do — creates rather than resolves problems.

For employers planning FY2028 cap filings: the registration period typically opens in March 2027. Monitor the Federal Register for a final rule on the $103,265 fee. If a final rule publishes before March 2027, the fee applies to all selected cap petitions filed in that season. Budget accordingly. If no final rule has published by February 2027, the fee is not yet enforceable for FY2028. Waiting until March to check is not a strategy.

This article is informational only and does not constitute legal advice. H-1B regulatory status and fee requirements described are based on publicly available information as of September 29, 2026. Regulatory timelines are subject to change. Consult a licensed immigration attorney before filing or making decisions based on any of the regulatory actions described.