DHS Drops Another Snooze-Fest Regulatory Wishlist
Published Date: 8/14/2026
Proposed Rule
Summary
This regulatory agenda is a summary of projected regulations, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components. This agenda provides the public with information about DHS's regulatory and deregulatory activity. DHS expects that this information will enable the public to be more aware of, and effectively participate in, the Department's regulatory and deregulatory activity. DHS invites the public to submit comments on any aspect of this agenda.
Analyzed Economic Effects
5 provisions identified: 0 benefits, 3 costs, 2 mixed.
EB-5 Investor Fee Adjustment
DHS proposed on October 23, 2025 to adjust the fees USCIS charges for Employment-Based Fifth Preference (EB-5) immigrant benefit requests and to codify elements of the EB-5 Reform and Integrity Act of 2022. DHS plans to review comments and issue a final action in September 2026. The change would alter the fees EB-5 applicants must pay to USCIS.
H-1B Selection Weighted to Higher Wages
A final rule published December 29, 2025 (effective February 27, 2026) changes H-1B registration selection so registrations are weighted to generally favor beneficiaries whose proffered wages correspond to higher Occupational Employment and Wage Statistics (OES) wage levels. The rule keeps beneficiary-centric selection and does not change the order between the regular cap and the advanced degree exemption.
9-11 Biometric Fee Extended to Extensions
DHS is amending regulations to specify that the 9-11 Response and Biometric Entry-Exit Fees, which are paid by certain employers of H-1B and L nonimmigrant workers, will apply to all H-1B and L-1 extension petitions in addition to previously covered petitions. The NPRM was published June 6, 2024, and a final rule is planned in July 2026.
De Minimis $800 Suspension and New Entry Rules
CBP proposes to implement the indefinite suspension of the de minimis exemption for goods valued at $800 or less, modify electronic filing for informal entries of goods valued at $2,500 or less, create a new electronic informal entry type for mail, and add new bonding requirements for informal entries including in the mail environment. The rule is listed for proposed action with an NPRM planned in September 2026.
Stricter Airport SIDA Vetting Rules
TSA will propose a rule to revise eligibility requirements for unescorted access to any Security Identification Display Area (SIDA) of an airport, adding disqualifying criminal offenses and criteria, developing an appeal and waiver process, and proposing an extension of the lookback period for disqualifying crimes. The NPRM timing is to be determined.
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Key Dates
Department and Agencies
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Previous: 2026-16604, 2026 Unified Agenda
Publication of the 2026 Unified Agenda of Federal Regulatory and Deregulatory Actions represents a key component of the regulatory planning mechanism prescribed in Executive Order ("E.O.") 12866, "Regulatory Planning and Review," (58 FR 51735, as amended) and reaffirmed in E.O. 13563, "Improving Regulation and Regulatory Review," (76 FR 3821) and E.O. 14192, "Unleashing Prosperity Through Deregulation." The Regulatory Flexibility Act requires that agencies publish semiannual regulatory agendas in the Federal Register describing regulatory actions they are developing that may have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). The Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda) helps agencies fulfill all of these requirements. All Federal regulatory agencies have chosen to publish their regulatory agendas as part of this publication. The complete publication of the 2026 Unified Agenda contains 78 Federal agency regulatory agendas available to the public at www.reginfo.gov. The 2026 Unified Agenda publication appearing in the Federal Register includes the agency Regulatory Flexibility Agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency Regulatory Flexibility Agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act.
Next: 2026-16606, Regulatory Agenda
The Department of Justice is publishing its 2026 Unified Agenda regulatory agenda pursuant to Executive Order 12866, "Regulatory Planning and Review," 58 FR 51735, and the Regulatory Flexibility Act, 5 U.S.C. 601 to 612 (1988).