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FROM THE ABROAD PROCESS LIBRARY

H-1B and US Immigration Changes: What Students and Workers Should Know (October 2026)

Published 22 October 2026 · Source checked 2026-10-22

Check the publication date and official provider for current requirements before acting on this guide.

Last checked: 22 October 2026. US rules for international students and H-1B workers are changing through court cases and proposed rules. Several items below are proposals or are paused by a court, so they are not in force. This is general information, not legal advice. Check with your school’s international office or an immigration lawyer before acting.

At a glance

Change Status on 22 October 2026
$100,000 payment for new H-1B petitions In dispute. A federal court vacated USCIS guidance on 8 June 2026. USCIS says it will comply with the order while it considers next steps.
Proposed $103,265 fee for cap-subject H-1B petitions Proposal only. Not in effect.
Wage-weighted H-1B selection In force. Used for the FY 2027 registration in March 2026.
Proposed OPT fees ($70,000 first, $30,000 later) Proposal only. Comments close 9 November 2026.
End of “duration of status” for F-1 and J-1 Paused by a court on 14 September 2026.

The $100,000 H-1B payment

A presidential proclamation of 19 September 2025 requires an extra $100,000 payment with new H-1B petitions filed at or after 12:01 a.m. Eastern time on 21 September 2025. Petitioners must show proof of payment through pay.gov, or an exception from the Secretary of Homeland Security.

On 8 June 2026 the US District Court for the District of Massachusetts vacated the USCIS guidance that put this payment into practice (State of California v. Mullin). USCIS says DHS disagrees and asked for a stay. The First Circuit denied that stay request on 24 July 2026. USCIS says it will comply with the order while it considers next steps, and that it still plans to collect the payment if the order is lifted. A law firm summary says the government’s appeal is still pending. If you are an employer or applicant, ask your lawyer which rule applies to your filing date.

A proposed $103,265 fee for cap-subject petitions

In August 2026 DHS proposed a new filing fee of $103,265 for H-1B cap-subject petitions, including those that use the advanced degree exemption. Cap-exempt petitions, such as many filed by universities and nonprofit research organisations, would be excluded. The comment period was reported as 30 days from publication on 25 August 2026. This is a proposal and is not in effect. These details come from law firm and news summaries; we did not review the Federal Register notice itself.

Wage-weighted selection

DHS announced a final rule on 23 December 2025 that replaces the random H-1B lottery with a weighted selection that favours higher-skilled and higher-paid workers. It took effect on 27 February 2026 and applied from the FY 2027 cap registration season. The annual cap is 65,000, with an additional 20,000 for people with a US advanced degree. The FY 2027 registration ran from 4 to 19 March 2026, with a $215 fee per registration.

Proposed fees for OPT

On 8 October 2026 DHS published a proposed rule on Optional Practical Training. It would charge a fee of $70,000 for an initial OPT and $30,000 for any later OPT, for each F-1 student. The school, not the student or employer, would pay before its designated school official recommends the student for OPT. DHS says the aim is to stop fraud and “pay-to-stay” arrangements.

This is a proposal. Current OPT rules still apply until a final rule is published and takes effect. Public comments are due by 9 November 2026 in docket ICEB-2026-0100. Comments on the information collection are due 7 December 2026. Some law firms note that schools could pass the cost on, so watch for your school’s guidance.

Duration of status for F-1 and J-1 students

DHS published a final rule on 17 July 2026 that would replace the open-ended “duration of status” with a fixed admission period of up to four years, set to start on 15 September 2026. On 14 September 2026 the US District Court for the District of Massachusetts issued a preliminary injunction in Presidents’ Alliance on Higher Education and Immigration v. DHS. While the injunction applies, F-1 and J-1 students are admitted under the existing system. The government is expected to appeal, so check the court docket for later developments. Separate SEVP guidance on Curricular Practical Training from August 2026 is not covered by the injunction.

What you can do now

  • Keep following current OPT and CPT rules, and ask your designated school official (DSO) before you change plans.
  • If you plan to apply for an H-1B, ask your employer’s lawyer which payment and fee rules apply on your filing date.
  • If you want to comment on the OPT proposal, file it on regulations.gov before 9 November 2026.
  • Keep copies of your I-20, I-94 and work authorisation documents.

Sources

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