The US Department of Homeland Security has proposed a sweeping USD 100,000 fee on H-1B visa applications, delivering a major setback to thousands of Indian tech professionals who depend on the programme each year. The proposal comes roughly one month after a federal appeals court rejected a petition to stay a district judge’s order that had previously struck down the Trump administration’s similar fee plan.
New Fee Targets Annual Cap Applicants
The department confirmed the fee would apply only to H-1B applications that fall under the annual numerical cap. Petitions exempted from the yearly limit will remain outside the scope of the proposed charge. Officials stated the fee aims to recover costs incurred across multiple government agencies involved in processing these visas.
Separate and Additional Charge
The Homeland Security Department plans to enforce the USD 103,265 amount as a separate and additional H-1B fee rather than folding it into the existing petition cost. A notice explained that a distinct charge makes it easier to track revenue allocation and reporting across departments.
Annual Visa Numbers Remain Unchanged
The United States issues 65,000 regular H-1B visas every year under the standard category. An additional 20,000 visas are reserved for foreign workers holding a master’s degree or higher from US universities. The H-1B is a non-immigrant visa that allows American companies to employ foreign professionals with specialised technical expertise.
Tech Firms Face Recruitment Hurdles
US technology companies rely heavily on the H-1B programme to hire thousands of skilled workers annually from India and China. Any steep fee increase could disrupt their recruitment pipeline and raise operational costs significantly.
60-Day Grace Period Under Threat
Separately, the US is considering a proposal to eliminate the 60-day grace period that currently allows non-immigrant visa holders to find new employment after losing a job. The grace period was introduced in 2017 to give foreign workers and their dependents time to secure fresh employment before leaving the country. If approved, affected workers would be forced to depart immediately.
