August Immigration Update: $100K+ H-1B & OPT Fees, New Advance Parole Re-Entry Rules & More
- Jia Law Group
- 2 hours ago
- 2 min read
Several major proposed rules and policy changes could affect employers and international talent. For employers, the key is not to stop sponsoring international talent, but to plan earlier and evaluate alternative immigration pathways.
Proposed $103,265 H-1B Fee, CPT Limits and Possible OPT Fee
On August 24, 2026, DHS proposed a $103,265 fee for cap-subject H-1B petitions, including H-1B petitions for F-1 students selected in the H-1B lottery. The fee is not currently in effect.
The proposal could significantly increase the cost of the F-1 → CPT/OPT → H-1B pathway.
CPT: Some universities have restricted certain forms of CPT following new SEVP guidance. Students should confirm eligibility before beginning employment.
OPT: DHS reportedly submitted a separate OPT fee proposal for review on August 20. Reports have suggested a fee as high as $100,000, but no new OPT fee is currently in effect.
Employers should consider alternatives where appropriate, including cap-exempt H-1B, O-1, L-1, TN, E-3, H-1B1 and earlier green-card sponsorship. [Click here for a case-specific immigration evaluation.]
Advance Parole and the 3-Year or 10-Year Unlawful-Presence Bars
On August 13, 2026, the BIA issued Matter of Delcarmen-Lara, overruling Matter of Arrabally and Yerrabelly.
The decision holds that travel under advance parole constitutes a “departure” for purposes of the unlawful-presence inadmissibility provision.
This is most significant for individuals who have accumulated more than 180 days of unlawful presence and plan to travel internationally using advance parole. Depending on their immigration history, departure may trigger the 3-year unlawful-presence bar for more than 180 days but less than one year of unlawful presence, or the 10-year unlawful-presence bar for one year or more of unlawful presence.
This does not mean every advance-parole traveler will trigger a bar. Individuals with possible unlawful presence should obtain legal advice before traveling, even if advance parole has been approved.
USCIS May Deny Cases Without an RFE
Effective August 5, 2026, USCIS expanded its ability to deny applications and petitions without first issuing an RFE or NOID when required initial evidence is missing or eligibility has not been established. Applicants and employers should therefore ensure that filings are complete when submitted, including:
Correct forms, fees and filing location;
Required signatures and initial evidence;
Consistency across forms and supporting documents; and
Evidence addressing each eligibility requirement.
An RFE should no longer be treated as a guaranteed opportunity to fix an incomplete filing.
H-1B Employment Changes: Review Before Implementation
Employers should consult immigration counsel before changing an H-1B employee's worksite, remote-work location, job duties, occupational classification, salary or hours.
A material change may require an amended H-1B petition, particularly when the employee moves outside the area covered by the existing LCA or takes on substantially different duties.
Plan Early. Keep Your Options Open.
Immigration planning is becoming less forgiving. A missed filing requirement, an unexpected travel consequence or an overlooked alternative visa category can materially affect an employee's ability to work or remain in the United States.
Employers should review upcoming work-authorization expirations, employment changes and sponsorship options before they become urgent. International talent should likewise seek advice before traveling or making changes that could affect their status.
