H-1B in November 2026: What Actually Applies to You
Three proposed US rules that would hit H-1B, OPT and other work-visa holders are still open for public comment: the 60-day grace period closes 10 November, the $70,000 OPT fee about 9 to 10 November, and the end of deference to prior approvals 13 November. None is final.
The $100,000 H-1B entry fee is blocked in court, but other rules are already in force, so "blocked" does not mean "safe".
Status board: in force, blocked or only proposed
Rule | Status on 6 November | Who is hit |
$100,000 payment to enter on a new H-1B (Proclamation 10973, extended by 11069 to 21 Sep 2027) | Blocked. Courts vacated the agency policies on 8 June (Massachusetts) and 30 September (N.D. California) | Employers hiring new H-1B workers from abroad |
$103,265 fee on cap-subject H-1B petitions | Proposed. Comments closed 24 September | Employers filing cap petitions, including advanced-degree cases |
$4,000 "9-11 biometric" fee on H-1B extensions | In force since 9 September | Covered employers (50+ US staff, over half on H-1B or L-1) |
Mandatory online filing | In force since 11 August | Anyone filing a form USCIS requires online, after notice and a 60-day grace |
No automatic EAD extension while a renewal is pending | In force since 14 October | EAD renewals, mainly pending green card cases and H-4 spouses |
End of the 60-day grace period after a job ends | Proposed. Comments due 10 November | E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, TN workers and dependents |
$70,000 first OPT fee, $30,000 each later one | Proposed. Comments due about 9 to 10 November | F-1 students; the school is the legal payer |
End of deference to earlier approvals on extensions | Proposed. Comments due 13 November | Anyone extending an I-129 petition |
Executive Order 14431 on employers that laid off US workers | No implementing rule yet | Employers with H-1B petitions or labor certifications |
Deadlines: three comment windows close within a week
Closes | Rule | Docket |
9 November (regulations.gov shows 10 November) | OPT fees | ICEB-2026-0100 |
10 November | End of the 60-day grace period | USCIS-2026-0364 |
13 November | End of deference to prior approvals | USCIS-2026-0529 |
How to comment: open regulations.gov, search the docket number, choose the document marked "Proposed Rule", and file a separate comment for each rule. Name the provision and say how it would affect you in concrete terms. Leave out receipt numbers, A-numbers, SEVIS IDs and passport numbers, because comments are generally public. Submit early and keep the tracking number.
One report gave 7 November as the OPT deadline, so check the date shown on the docket page before you rely on any of these.
Find your case
If you are... | Already in force | Still only proposed |
An H-1B worker extending or changing jobs | $4,000 fee if your employer is a covered one; online filing | Losing the 60-day grace period; USCIS no longer deferring to your last approval |
An F-1 student planning OPT or STEM OPT | Nothing new yet | $70,000 or $30,000 fee, paid by the school but possibly passed on |
An H-4 spouse or someone with a pending green card | No automatic EAD extension while a renewal is pending | Losing the grace period if you hold a covered status |
A foreign worker an employer wants to bring in on a new H-1B | The $100,000 payment is blocked, not repealed | $103,265 cap-petition fee |
An employer | Biometric fee if covered; online filing | All of the above, plus the executive order on layoffs |
This is a reading guide to published rules, not immigration advice. Your own case can differ, so check it with an immigration attorney.
The $100,000 fee: blocked twice, not dead
On 30 September 2026 Judge Haywood Gilliam of the Northern District of California vacated the agency policies that carried out the renewed fee, in Global Nurse Force v. Trump. He found the government failed to consider alternatives and that the policies were legislative rules that needed public comment first. In June, a Massachusetts judge had already struck the fee down nationwide in a case brought by 20 states, and the First Circuit refused a stay on 24 July.
The proclamation itself still runs to 21 September 2027. The government can appeal, or write the policy again through formal rulemaking. The separate $103,265 proposal is that second route, and the court order does not directly stop it.
What is not known yet
Appeal. The Forbes report on the 30 September ruling does not mention an appeal or a stay request.
When any proposal becomes final. The OPT rule would take effect 60 days after a final rule is published. No final dates exist for the other two.
Who pays OPT. The rule puts the payment on schools, but schools may pass it to students or employers.
Permanent labor certification holds. One tracker reports that the Department of Labor is holding pending PERM cases for several large employers. DOL has published no notice.
Single-source items. The $4,000 biometric fee, the end of automatic EAD extensions and the 13 November deadline come from one tracker (permtracker.app) and one comment-deadline guide. Check them against the Federal Register.
Frequently asked questions
Do I have to pay $100,000 for an H-1B now? Not under the policies courts have vacated. The proclamation still runs to 21 September 2027, so watch for an appeal or a new rule.
Does the 60-day grace period still exist? Yes. DHS has only proposed removing it, and comments close 10 November.
Who pays the OPT fee? Under the proposal, the school. Nothing is owed until a final rule takes effect.
Can a comment change anything? Agencies must consider substantive comments before finalizing. A specific, factual comment is more useful than a form letter.
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