H-1B visa update: Trump extends $100,000 fee by another year. Here's what it means for Indians

President Donald Trump extended an executive order that would impose a fee of $100,000 for H-1B non-immigrant visas by another year, the White House said on Friday.

The policy will remain in place through September 21, 2027, with limited exceptions for workers, companies or industries deemed to be in the national interest, the White House said in a statement on Friday.

In a statement, the White House said, "On September 19, 2025, Proclamation 10973 (Restriction on Entry of Certain Nonimmigrant Workers) (2025 Proclamation), was issued to address significant abuses of the H-1B nonimmigrant visa program."

"The restrictions enacted by the 2025 Proclamation have proven to be highly effective but the underlying conditions necessitating the restrictions persist," it read.

"It is therefore in the interests of the United States to extend the 2025 Proclamation for an additional 12 months, until 12:00 a.m. eastern daylight time on September 21, 2027," the White House said.

US employers seeking to hire skilled foreign workers can use the H-1B visa program for a fee, allowing tech and other professionals from abroad to work in the United States for a few years.

The benefits?

The White House said on Friday that registrations from the largest information technology staffing and outsourcing firms have fallen 92% since the H-1B payment requirement and a new weighted selection system took effect, while more applications are now for workers with advanced degrees and higher-paying job offers.

More than 700 petitions have included the $100,000 payment, according to the proclamation.

It added, “Finally, there has been a positive shift in FY 2027 H-1B registration and selection data toward higher-skilled and higher-paid workers, with registrations for beneficiaries with at least a U.S. Master’s degree rising from 45.1 percent of total registrants for FY 2026 to 66.1 percent for FY 2027.”

Trump's H-1B fee

Trump has criticised the H-1B program and wants to permanently raise the fee from between $2,000 and $5,000 to at least $100,000.

Trump's initial order for a fee hike, first released in September 2025, was set to expire this month.

Despite criticism that some companies use the visas to hire lower-paid foreign workers instead of Americans, business groups and companies say they help recruit highly skilled professionals and address a lack of qualified US workers in some industries.

The H-1B visas, established by Congress in 1990, are especially critical for tech companies seeking to recruit from India and China.

Changes to how potential visa holders are scrutinized and processed have impacted companies' hiring and expansion plans, with some top H-1B users, such as Google parent company Alphabet, moving to increase operations in India.

The US Department of Homeland Security also began pursuing a separate, more far-reaching proposal last month that would impose a roughly $103,000 fee on all H-1B petitions subject to the annual visa cap.

Unlike the earlier initiative, it would apply to almost anyone getting a new visa, not just those who are outside the country.

Why H-1B fee extension matters for Indians?

The development is significant to Indian professionals as Indians account for the largest share of approved H-1B beneficiaries by country of birth.

USCIS data for FY2024 shows that 71% of approved H-1B petitions were for beneficiaries born in India, compared with about 12% for China.

The higher fee does not apply to every H-1B worker. It did not apply to visas granted to foreign citizens already in the United States on student visas, who make up a large share of new H-1B recipients, or to renewals of current visas.

The fee also did not apply to renewals of existing H-1B visas.

For Indian workers outside the US who receive H-1B opportunities requiring entry into the country, the legal status of the $100,000 payment could have significant consequences for employers and visa applicants.

Legal battle

The decision to extend the fee for another year came even as the legal battle over the H-1B fee continues in court.

The legal status of the fee remains uncertain as a federal judge in Massachusetts struck down the government’s guidance for implementing it in June. The government has appealed that decision.

A Boston-based appeals court is reviewing a June decision by a federal judge who deemed the higher fee imposed by the Trump administration illegal and blocked the government from collecting it.

Another court is considering whether a judge properly rejected a challenge to the fee by the US Chamber of Commerce, the largest US business lobbying group.

About the Author

Akriti Anand is a Deputy Chief Content Producer at LiveMint. She is a digital journalist with more than six years in the news industry.<br><br> In her current role, she covers both national and international politics, and also keeps a close watch on the latest trends in science and space exploration. <br><br> Akriti joined the LiveMint team in October 2023. Before this, she built a strong career at other major media houses. She worked as a senior sub-editor at India Today. Later, she moved to CNBCTV-18. There, she covered high-pressure topics like breaking news and major elections. She spent much of her time analysing Parliament bills and complex political debates. She is also a skilled editor who knows how to polish a story for a digital audience. <br><br> One of her career highlights happened at CNBCTV-18. She made her first television debut during the Chandrayaan-3 mission. She also provided special on-air coverage for the Karnataka Elections. <br><br> When she is not busy with breaking news, Akriti loves to write explainers and interview experts on a wide range of issues. She also enjoys making complex space missions easy for everyone to understand. <br><br> Her education helps her tackle these diverse subjects. She holds a BA in English Literature, a Postgraduate Diploma in Mass Communication, and a Master’s degree in Development Studies. She is currently expanding her knowledge in climate journalism.<br><br> Connect with Akriti here<br> LinkedIn: <a href="https://www.linkedin.com/in/akriti-anand-868285199">https://www.linkedin.com/in/akriti-anand-868285199</a><br> Twitter/X: <a href="https://x.com/AkritiAnand7">https://x.com/AkritiAnand7</a><br> Email: akriti.anand@htdigital.in

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