US Tightening Immigration Rules 2026: H-1B Fee Hike & 60-Day Grace Period Elimination Alert

Starting September 9, 2026, the Department of Homeland Security (DHS) will expand the 9-11 Response Biometric Entry-Exit Fee to cover all H-1B and L-1 extension petitions filed by covered employers — not just initial grants or employer changes as before. Employers with 50 or more U.S. employees where more than 50% hold H-1B or L-1 status will be required to pay either $4,000 or $4,500 per extension petition filed on or after that date. Amended petitions without an extension component remain exempt. Simultaneously, the U.S. Office of Management and Budget (OMB) is reviewing a proposed rule that would eliminate the 60-day grace period that has been in place since 2016. Currently, H-1B, L-1, O-1, E-1, E-2, E-3, H-1B1, and TN visa holders — along with their dependents — are afforded 60 days after employment termination to change status or secure a new employer sponsor without accruing unlawful presence. Eliminating this period would mean workers fall out of status immediately upon job loss. For workers currently on H-1B status and exploring the EB-3 vs H-1B path, this development raises the stakes considerably. Without a grace period buffer, any gap in employment could force an immediate departure from the U.S., potentially disrupting pending green card petitions or adjustment of status applications. Those with EB-3 cases in progress should ensure their employer sponsor remains active and their status is continuously maintained. The grace period rule has not yet been finalized and will not take effect until OMB review is complete and a final rule is published. Employers and nonimmigrant workers are encouraged to monitor the Federal Register for finalization updates. In the meantime, affected individuals should consult immigration counsel to evaluate contingency options should the rule take effect.