US H-1B visa rules tighten again: DHS proposes over $103,000 fee for applicants; What Indians should know

The US administration is considering a steep new cost for companies seeking to hire foreign professionals through the H-1B visa programme. The Department of Homeland Security (DHS) has proposed an additional USD 103,265 charge for applications that are part of the annual H-1B cap, including those filed under the US master’s degree exemption.

The proposed fee would come separately from existing H-1B filing charges and would apply only to cap-subject petitions. DHS has opened the proposal for public feedback for 30 days before deciding whether to implement it as a final rule.

The move comes after a previous attempt to introduce a USD 100,000 H-1B fee faced legal hurdles, with a federal appeals court declining to halt a lower court order that blocked the earlier plan.

Who will be affected?

The H-1B programme currently allows the US to issue 65,000 visas each year under the regular quota. Another 20,000 visas are reserved for applicants who have completed a master’s degree or higher from a US university.

The proposed fee would cover both categories if they fall under the annual cap. However, applications that are exempt from the cap, including those filed by certain universities, nonprofit research institutions and government research organisations, would not attract the additional charge.

In its Federal Register notice, DHS said, “DHS proposes to implement the USD 103,265 amount as a separate, additional H-1B fee rather than combining it with the existing H-1B petition fee.”

The department said keeping the charge separate would help with tracking and reporting the funds collected through the new fee.

DHS says fee will cover government costs

DHS said the proposed charge is intended to recover expenses involved in processing H-1B applications, including adjudication, security checks and other immigration-related activities carried out by federal agencies.

The department estimates that the fee could generate around USD 8.8 billion annually, assuming about 85,000 cap-subject H-1B petitions are filed each year.

“The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programmes that otherwise must be funded by taxpayers,” US Citizenship and Immigration Services spokesperson Zach Kahler said.

Why Indian applicants are watching

The H-1B visa remains one of the most important pathways for skilled foreign workers seeking employment in the US, particularly in sectors such as technology, engineering and healthcare.

Indian professionals account for a significant share of H-1B beneficiaries, with major technology companies relying on the programme to hire specialised talent from India and other countries.

Any major increase in visa-related costs could affect both employers sponsoring workers and applicants planning careers in the US.

Immigration experts raise concerns

US immigration attorney Emily Neumann criticised the proposal, saying, “Same number. New wrapper. Same playbook. Throw enough things at the wall to restrict legal immigration and eventually something might stick (this won't).”

Todd Schulte, president of FWD.us, said such measures could make it harder for the US to compete globally for skilled workers.

The latest proposal now moves into the public consultation stage. DHS will review feedback before deciding whether to proceed with a final rule introducing the additional H-1B fee.