By Terik Hashmi | September 22, 2026

A proposed six-figure government fee is giving U.S. employers a compelling reason to reassess how they recruit international talent. On August 24, 2026, the Department of Homeland Security announced a proposed $103,265 charge for all H-1B cap-subject petitions, including those eligible for the advanced-degree exemption. The payment would be due when the petition is filed and would come on top of other applicable fees and payments. [1]

As of September 22, 2026, the charge remains proposed, with public comments due September 24. It is distinct from the earlier $100,000 presidential payment requirement. Cap-exempt petitions would not incur this proposed fee, and many extensions and employer changes involving previously counted workers ordinarily remain cap-exempt. Employers should determine whether a particular filing would be covered before estimating its cost. [1]

For eligible businesses, the proposal strengthens the case for examining E-1 and E-2 treaty programs and blanket L petitions as part of a broader staffing strategy. These classifications have separate eligibility requirements, but they may offer practical alternatives for certain positions and employees.

At the proposed rate, five covered petitions would generate $516,325 in additional fees; ten would generate $1,032,650. Those figures exclude compensation, relocation, legal expenses, and existing filing charges. For a growing business, that expense could affect decisions about equipment purchases, product development, and recruitment.

In my view, employers investing in promising graduates could find the upfront expense particularly difficult to absorb. Some may limit sponsorship to senior specialists, while others may expand teams overseas. These are possible business responses, not inevitable outcomes. The final rule, its effective date, and litigation could alter the calculation.

Companies should therefore review which openings require H-1B sponsorship and which may fit another classification. Relevant factors include ownership, international trade, investment, and existing overseas operations. Qualifying E and L cases would fall outside this proposed H-1B charge, although their own fees would still apply. [1]

International graduates remain an important source of talent, but temporary work authorization should be considered alongside a longer-term plan. F-1 applicants face online-presence screening. Optional Practical Training generally allows up to 12 months of qualifying employment, with a possible additional 24 months for eligible STEM graduates and participating employers. Neither period ensures later H-1B selection or approval. [2] [3]

Employers should also distinguish effective requirements from measures affected by litigation. On September 14, 2026, a federal court postponed nationwide the effective date of the rule replacing duration-of-status admission with fixed periods. That rule should not be presented as currently operative, nor should OPT be described as abolished. The dispute nevertheless illustrates the vulnerability of a staffing plan dependent entirely on a student-to-H-1B transition. [4]

E-1 and E-2 classifications merit consideration when a business has qualifying treaty-country ownership. Generally, at least 50 percent of the enterprise must be owned by qualifying treaty nationals, and sponsored employees must share the enterprise’s qualifying nationality. Incorporation in a treaty country is not enough by itself; ownership may have to be traced through several corporate entities. [5] [6]

E-1 classification supports substantial and continuing international trade in goods, services, or technology. More than half of the enterprise’s international trade must take place between the United States and the relevant treaty country. This can make E-1 useful for established trading and service businesses with documented bilateral activity. [5]

E-2 classification requires a substantial investment committed and at risk in a genuine, operating U.S. enterprise that is not marginal. No single minimum investment applies to every business; the amount must be assessed against the nature and cost of the enterprise. Eligible employees can perform executive or supervisory work or provide essential skills without each making a personal investment. [5] [6]

At consulates that use company registration, maintaining a corporate E file can simplify later applications for eligible employees. Procedures differ by post, and registration does not dispense with individual review. It provides an established corporate record for subsequent applications. [7]

These categories have no H-1B-style annual lottery and do not require the qualifying year of overseas employment associated with L-1 transfers. They may therefore support direct recruitment where the position and candidate satisfy the E requirements. An ordinary professional vacancy does not automatically qualify as an essential-skills role, however, and the nationality rules can limit the available candidates. [6]

For example, a treaty-owned manufacturer might consider E-2 classification for a newly recruited specialist of the same nationality whose skills are essential to U.S. operations. A multinational transferring an established overseas employee might instead examine blanket L eligibility. The business need, employee’s background, and supporting evidence determine which route is viable.

An approved blanket L petition establishes qualifying corporate relationships in advance for eligible multinational groups. Covered employees applying abroad can generally seek L visas using Form I-129S under the blanket approval, without a separate USCIS petition for each initial consular application. This can reduce repetitive corporate filings and help employers plan transfers. [8] [9]

The petitioner and covered entities must engage in commercial trade or services. The petitioner must have a U.S. office that has been doing business for at least one year and three or more domestic and foreign branches, subsidiaries, or affiliates. The group must also meet one alternative threshold: at least ten qualifying L petition approvals in the preceding 12 months; U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or a U.S. workforce of at least 1,000 employees. [8]

Individual eligibility remains essential. The employee generally needs one continuous year of qualifying employment abroad within the relevant three-year period. The proposed U.S. duties must qualify as managerial, executive, or specialized knowledge, and blanket L-1B applicants must be specialized-knowledge professionals. Consular officers may approve only clearly approvable applications, making detailed evidence of duties, staffing, and knowledge important. [8] [9]

Unlike the treaty classifications, L-1 does not require the employee and enterprise to share a treaty nationality. It can therefore accommodate a wider range of employee nationalities. A new recruit without the required overseas service, however, will need another classification or a longer transfer timetable. [8] [9]

The starting point is a review of ultimate ownership, employee nationalities, trade flows, investment records, overseas employment histories, and expected U.S. assignments. That exercise can reveal whether an E registration or blanket L petition would serve recurring needs and identify employees who require a separate approach.

Human resources, finance, and immigration counsel should maintain consistent corporate records, accurate job descriptions, and a realistic assignment calendar. Cost comparisons should account for interviews, processing times, and potential delays. Eligibility should be reassessed after acquisitions, ownership changes, or reorganizations.

Neither E registration nor blanket L approval guarantees a visa or permanent residence. A carefully maintained immigration program can nevertheless give employers more options, reduce dependence on a single category, and allow hiring decisions to be made with greater confidence.

1. DHS proposed H-1B fee rule, 91 FR 54817, August 25, 2026

2. Department of State expanded screening announcement, September 18, 2026

3. USCIS guidance on Optional Practical Training for F-1 students

4. District of Massachusetts order postponing the duration-of-status rule, September 14, 2026, pages 47–48

5. Department of State guidance on treaty trader and treaty investor visas

6. 8 CFR 214.2(e), treaty traders, investors, and qualifying employees

7. U.S. Mission Canada guidance for employees of registered E companies

8. 8 CFR 214.2(l), blanket petitions and individual eligibility

9. 22 CFR 41.54, individual and blanket L visa classification