1 week ago
Trump Administration Proposes $103,265 H-1B Fee, Indians Face Impact
The United States may make some work visas much more expensive.
The proposed charge for certain new H-1B applications is $103,265.
H-1B visas allow American employers to hire foreign professionals for specialised jobs.
Indian workers could be affected especially strongly because they received about 71% of approved H-1B petitions in 2024.
The fee would usually not apply to students already in the United States or to visa renewals.
Officials may also propose a very large fee for some students using a work-training programme called OPT.
Another proposal could remove the 60 days that some workers currently have to find a new job after being dismissed.
The changes are not final and will undergo public review and possible court challenges.
The Department of Homeland Security proposed a $103,265 fee for certain new H-1B visa petitions.
The fee would generally not apply to foreign students already in the United States or renewals of existing H-1B visas.
Indian-born beneficiaries represented about 71% of the 399,402 H-1B petitions approved in 2024.
The Department of Homeland Security may also propose a roughly $100,000 fee for certain F-1 Optional Practical Training applications.
A separate proposal could eliminate the 60-day grace period for certain unemployed H-1B workers and their dependants.
- Who
- The Trump administration and Department of Homeland Security, along with H-1B workers, F-1 students, employers and dependants.
- What
- DHS proposed a $103,265 fee for certain new H-1B petitions and is considering a roughly $100,000 OPT fee and removal of the 60-day grace period.
- Where
- The proposed changes concern employment-based immigration in the United States.
- When
- The H-1B proposal was published on August 24, 2026, and will undergo a 30-day public-comment period; it could be finalised by the end of 2026.
- Why
- The administration says the fee could discourage employers from choosing foreign workers over qualified Americans and help fund the legal immigration system.
Administration and supporters of tighter rules
Employers, workers and critics
Protecting American jobs
Administration and supporters of tighter rules
The administration argues that the higher fee would make employers less likely to hire H-1B workers instead of qualified Americans. Vice President JD Vance said companies needing workers should hire and train Americans.
Employers, workers and critics
Critics say the fee could make it harder for United States companies to attract and retain skilled workers and could encourage firms to move work overseas.
Effect on businesses
Administration and supporters of tighter rules
Supporters describe the charge as part of a broader effort to tighten the H-1B system and fund the legal immigration system.
Employers, workers and critics
Immigration experts cited in the articles said the cost could be especially damaging to small and mid-sized employers, potentially pricing them out of the skilled-worker market.
Grace-period changes
Administration and supporters of tighter rules
DHS has proposed ending the 60-day grace period for certain H-1B workers after their employment ends as part of broader immigration restrictions.
Employers, workers and critics
Workers and their dependants could have much less time to find new employment, change status or leave the United States.
Key facts
- Proposed H-1B fee
- $103,265 for certain new H-1B visa petitions
- Existing H-1B fees
- Typically between $2,000 and $5,000, depending on circumstances
- Proposed exemptions
- The fee would not apply to certain students already in the United States or to renewals of existing H-1B visas
- Indian share
- Indian-born beneficiaries accounted for about 71% of 399,402 H-1B petitions approved in 2024
- Possible OPT fee
- Fragomen said DHS may propose a fee of approximately $100,000 for certain F-1 Optional Practical Training applications
- Grace-period proposal
- DHS has proposed eliminating the existing 60-day grace period for certain unemployed H-1B workers and their dependants
- Legal status
- A federal district court vacated guidance implementing an earlier $100,000 payment requirement, and the First Circuit rejected the government's request for a stay
Quotes
Jeff Joseph
President of immigration strategy at Manifest Law.
“If an American corporation needs workers, it should hire and train Americans.”
firstpost.com
“The potential impact on small and mid-sized employers will be very real.”
firstpost.com
Fragomen
Corporate immigration services firm and immigration law adviser
“A proposed OPT fee rule was sent to the Office of Management and Budget (OMB) on August 20 and is now under review. A proposed rule to impose a fee on certain H-1B petitions was received by OMB and cleared review on the same day, August 19.”
NDTV
Sources
Trump's H-1B Shock For Indians: US Eyes $103,265 Visa Fee, May Scrap 60-Day Grace Period
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