H-1B Reform Rule (RIN 1615-AD00) Tracker: Cap Exemptions, Violating Employers, Third-Party Placement

Current status (September 24, 2026): DHS's "H-1B reform" proposed rule (RIN 1615-AD00) was sent to the White House Office of Information and Regulatory Affairs (OIRA) for review on August 24, 2026, and is still listed as "Pending Review" today (OIRA review record). A search of the Federal Register for this number returns 0 documents. The rule text has not been made public, and no new requirements are in effect.

This page tracks RIN 1615-AD00 and nothing else. The number stays the same from White House review through publication of the proposed rule and on to the final rule. When there is real progress, we update the "Current status" block and the timeline.

First, one thing that is easy to mix up: this is not the rule that adds a $103,000 charge to each H-1B lottery registration. That one is RIN 1615-AD20. It was published in the Federal Register on August 25, 2026 (document number 2026-17324), and its comment period closes today (September 24). This is also not Proclamation 11069, signed September 18 (the one-year extension of the $100,000 entry restriction), or Executive Order 14431 (which looks at employer layoffs during adjudication). All of these are moving at the same time, and each has its own number.

What will this rule change?

The text has not been released. Rule text is not made public while it is under White House review. All we can see is a short summary in the Unified Agenda. The 2026 agenda says, roughly:

• Change eligibility for cap exemption: which employers can file H-1B petitions without going through the lottery, such as universities and their affiliated nonprofits and nonprofit research organizations. That eligibility will change. The summary does not say how.
• Closer scrutiny of violating employers: employers that have violated H-1B rules in the past will get more scrutiny.
• More oversight of third-party placement: that is, cases where the worker is placed at a client company's site, most common with outsourcing and on-site contracting.
• The summary ends with "among other provisions," which means there is more than these three items. What the rest is has not been made public.

According to the agenda, the goals are to improve the integrity of the H-1B program and to better protect the wages and working conditions of U.S. workers. The rule amends 8 CFR 214.2(h), the main H-1B regulation.

Claims online that this rule will change how the lottery works or raise wage requirements have no source we can find: neither item is in the agenda summary. Once the text is published, we will check it against the original, item by item.

Timeline

1. 2025-09-22: DHS's Unified Agenda was published in the Federal Register. On reginfo.gov, 1615-AD00 first appears in the Spring 2025 agenda, marked as a "new entry," at the "Proposed Rule Stage," with the proposed rule expected in December 2025 (agenda entry; Federal Register 2025-18329). December 2025 came and went, and the rule did not appear in the Federal Register
2. 2026-08-14: The 2026 Unified Agenda was published. 1615-AD00 was still at the proposed rule stage, with the expected publication date moved to August 2026 (agenda entry; Federal Register 2026-16605)
3. 2026-08-24: The rule was sent to OIRA for review at the proposed rule stage, marked "Economically Significant: Yes" (OIRA review record)
4. 2026-09-24: Still under review, now 31 days in. OIRA has not logged any meetings about this rule (0 EO 12866 Meetings). It is not in the Federal Register or on today's Public Inspection list (OIRA meeting records)

Which sources we checked

How does this affect you?

You don't need to do anything right now. The rule has not been published. After it is published there will be a public comment period, then a final rule, and only then does it take effect. As of today, no new requirement applies to you or your employer.

• You're on H-1B and work directly for your sponsoring employer: all three items named in the agenda summary are about employers. Go ahead with extensions and job changes as usual.
• You work at a university, a university-affiliated nonprofit or a nonprofit research organization, and your H-1B is cap-exempt: "cap exemption eligibility" is the first item the agenda says will change, so this group has the most reason to watch this rule. But there is no text yet on how much the scope will narrow or whether people already approved are affected, so don't change jobs ahead of time.
• You're placed at a client site by an outsourcing or on-site contracting company: "third-party placement" is one of the items named for more oversight. Future filings may need more proof, such as placement locations and client contracts. What exactly will be required depends on the text.
• You're in the green card process (PERM, I-140, I-485): the agenda summary does not mention green cards. Your place in line is unaffected.
• H-4 spouses: the summary does not mention H-4.

What to watch next

1. OIRA review concludes: the record will show a concluded date and an outcome (usually "Consistent with Change," meaning approved with changes). Under Executive Order 12866, review generally takes no more than 90 days and can be extended. For comparison, two other H-1B-related rules from the same period spent very different amounts of time at the White House: the $103,000 charge rule (1615-AD20) was sent on August 19, concluded the same day and was published 6 days later; the rule ending the 60-day grace period (1615-AD22) was reviewed for 21 days and published 15 days after review concluded. 1615-AD00 has now been under review for 31 days, longer than either. A long review does not mean the rule will be rejected, and the record does not give reasons. The only thing we know for sure is that OIRA marked it economically significant, and rules like that are required to include a fuller cost-benefit analysis.
2. It appears on the Federal Register Public Inspection list: usually one business day before official publication. The text becomes public at that point.
3. Official publication and comment deadline: the proposed rule will state a comment period, usually 30 to 60 days. Anyone can submit comments at regulations.gov.
4. Withdrawal: the OIRA record will be marked "Withdrawn."
5. Final rule and lawsuits: those come much later. Nothing takes effect at the proposed rule stage.

Related articles

• $103,000 per H-1B lottery registration: what the rule text says (covers RIN 1615-AD20; a correction about the RIN is at the end)
• New H-1B policy looks at company layoffs: will your extension, job change or green card be affected?
• H-1B $100,000 restriction extended another year: does it affect people already in the US or waiting for a green card?
• Ending the 60-day grace period after an H-1B layoff: progress tracker
• Is the H-4 EAD being eliminated? Nothing official has been released yet

This article is for general information and is not legal advice.