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The new rule would now go through a 30-day public comment period and could be finalised by the end of the year.

Representative image of the US H1-B visa.
The Trump administration on Monday proposed making a more than $100,000 fee for new H-1B visas permanent, a move that could significantly raise hiring costs for US employers and have a major impact on Indian professionals, who account for the largest share of H-1B workers.
The US Department of Homeland Security proposed a fee of $103,265 for new H-1B visas.
The proposal comes after an earlier $100,000 fee introduced by US President Donald Trump last year was blocked by a federal judge and remains tied up in legal challenges.
The new rule would now go through a 30-day public comment period and could be finalised by the end of the year.
Why Indians Could Feel The Heat?
The H-1B programme allows US employers to hire foreign workers in specialised fields such as technology, engineering, education and research. The US issues 65,000 regular H-1B visas each year, plus 20,000 for workers with advanced degrees.
Indians are likely to be among those most affected. Official data cited by AFP shows that 70% of H-1B workers in fiscal 2025 were from India, followed by China at 12%.
However, the proposed fee would not apply to H-1B visas granted to foreign nationals already in the US on student visas, or to renewals of existing H-1B visas.
The fee could still make it significantly more expensive for US companies to recruit skilled Indian workers from overseas.
Before Trump’s earlier order, H-1B-related fees typically ranged between $2,000 and $5,000. The proposed $103,265 charge would therefore represent a dramatic increase.
Trump Says H-1B System Needs Reform
The administration argues that the H-1B programme has been abused by companies to replace American workers with cheaper foreign labour. The new proposal also says the higher fee could make employers less likely to choose an H-1B worker over a qualified American.
Business groups, however, say the programme helps US companies fill shortages and recruit highly skilled workers.
The proposed fee also faces a legal battle. A federal judge blocked the earlier $100,000 charge in June, ruling that the administration had exceeded its authority. Other litigation over the fee is ongoing.
The Trump administration maintains that the charge is not a tax and falls within the president’s authority to restrict the entry of foreign nationals.
(With inputs from agencies)
Key Questions Answered
The Trump administration has proposed making the $103,265 H-1B visa fee permanent, with the US Department of Homeland Security proposing this fee after a temporary increase expires in September. This proposed rule could be finalised by the end of the year.
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August 25, 2026, 05:33 IST
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