With the US midterm elections approaching, candidates are talking about inflation, jobs, healthcare, and the cost of living. Immigration remains part of the debate, particularly for Republicans. Yet one policy with direct consequences for Indian professionals and US employers, the $100,000 H-1B visa fee, has received far less attention in the broader campaign conversation.President Donald Trump’s administration has presented the fee as a way to protect American workers from cheaper foreign labour. For Indian professionals, technology companies and families planning careers in the United States, however, it has raised questions about the cost and accessibility of one of the country's main skilled-worker visa routes.<h2>A policy with consequences beyond Silicon Valley</h2>The Trump administration introduced the $100,000 payment requirement in September 2025 for certain new H-1B petitions. It argued that employers had used the programme to replace American workers with lower-paid foreign employees. In September 2026, the White House renewed the measure, extending its intended duration through September 2027.Also read | <a href="https://www.wionews.com/world/us-midterms-2026-how-grocery-bills-cost-of-living-are-turning-the-nov-3-election-into-a-test-of-trump-1791022350055">US Midterms 2026: How grocery bills, cost of living are turning the Nov 3 election into a test of Trump</a>The fee was a dramatic departure from the previous cost structure. Reuters reported that H-1B-related fees had typically totalled around $2,000 to $5,000, depending on the circumstances. The new payment requirement therefore raised concerns about whether some employers would reconsider hiring workers from abroad.India has a particularly large stake in the debate. According to the Carnegie Endowment for International Peace, citing US Citizenship and Immigration Services data, people of Indian origin accounted for 71 per cent of new H-1B petitions in fiscal year 2024. In Carnegie's 2026 Indian American Attitudes Survey, about two-thirds of respondents opposed the $100,000 fee.<h2>Why the issue struggles to break through</h2>The first reason is the campaign's broader economic focus. In an analysis published on October 8, The Washington Post reviewed more than 8,000 advertisements in competitive congressional and gubernatorial races. Nearly three in five mentioned the economy, with affordability, housing, groceries and other costs featuring prominently. Immigration remained a major Republican advertising issue, but it was no longer as prominent as in the 2024 election. Democrats, in comparison, devoted relatively little advertising to immigration.For Republicans, mentioning the issue comes with its own political complication. The fee is part of Trump's effort to restrict what his administration describes as abuse of the H-1B programme. Challenging it could alienate voters who believe foreign workers compete with Americans for jobs. On the other hand, defending it without qualification, meanwhile, risks concerns among technology employers and skilled workers who depend on international recruitment.For Democrats, opposing the fee offers a way to challenge a Trump administration policy and appeal to workers, employers and immigrant communities. But a broad defence of immigration can be politically difficult in an environment where campaigns are concentrating on affordability and where candidates in competitive districts must respond to local concerns.Also read | <a href="https://www.wionews.com/world/the-mamdani-factor-how-nyc-s-mayor-could-influence-the-november-2026-midterm-elections-1791622472019">US midterm elections: Why Zohran Mamdani's influence could become a headache for Democrats and Republicans</a><h2>Trump's $100,000 H-1B fee: Latest court order</h2>There is another reason the issue may be difficult to campaign on: the fee's legal status has changed. On September 30, a federal judge in California blocked the requirement in a separate case brought by a coalition of unions, employers and nonprofit organisations. In Global Nurse Force v. Trump, U.S. District Judge Haywood S. Gilliam, Jr., in the Northern District of California, wrote, “The Agency Policies are VACATED and REMANDED to Agency Defendants. Agency Defendants, and all persons acting under their direction, are enjoined from enforcing or implementing the Agency Policies made pursuant to or in implementation of Proclamation No. 10973 and its extension in Proclamation No. 11069, until notice-and-comment rulemaking under the APA (Administrative Procedure Act) and regulatory flexibility analyses under the RFA have been conducted.”The decision followed an earlier ruling in June by a federal judge in Boston, which was upheld when an appeals court declined to pause it in July. The legal challenges concern the administration's authority and its failure to follow required procedures.<h2>What happens after November?</h2>The November 3 midterms will determine who controls Congress, but the result will not automatically settle the H-1B dispute. The immediate outcome will depend heavily on the courts and on the administration's next legal steps. Three broad possibilities remain.- First, the legal challenge continues. If the court orders remain in force, the administration cannot simply treat the fee as enforceable because it has renewed the proclamation. Further proceedings will determine the limits of its authority and whether the policy can survive judicial review.- Second, Congress takes up the question. Lawmakers could debate legislation governing H-1B fees, employer obligations and protections for American workers.- Third, the dispute moves into a different policy framework. Reuters reported that the Department of Homeland Security had moved in August to adopt a permanent fee of about $103,000. Notably, the agency's proposal could raise separate legal questions from those challenging Trump's original requirement.

The $100,000 H-1B fee has major implications for Indian professionals, but it has yet to become a defining issue in the US midterm campaign. Why are neither Republicans nor Democrats making it a 2026 US Midterm issue?

With the US midterm elections approaching, candidates are talking about inflation, jobs, healthcare, and the cost of living. Immigration remains part of the debate, particularly for Republicans. Yet one policy with direct consequences for Indian professionals and US employers, the $100,000 H-1B visa fee, has received far less attention in the broader campaign conversation. President Donald Trump’s administration has presented the fee as a way to protect American workers from cheaper foreign labour. For Indian professionals, technology companies and families planning careers in the United States, however, it has raised questions about the cost and accessibility of one of the country's main skilled-worker visa routes. A policy with consequences beyond Silicon Valley The Trump administration introduced the $100,000 payment requirement in September 2025 for certain new H-1B petitions. It argued that employers had used the programme to replace American workers with lower-paid foreign employees. In September 2026, the White House renewed the measure, extending its intended duration through September 2027. Also read | US Midterms 2026: How grocery bills, cost of living are turning the Nov 3 election into a test of Trump The fee was a dramatic departure from the previous cost structure. Reuters reported that H-1B-related fees had typically totalled around $2,000 to $5,000, depending on the circumstances. The new payment requirement therefore raised concerns about whether some employers would reconsider hiring workers from abroad. India has a particularly large stake in the debate. According to the Carnegie Endowment for International Peace, citing US Citizenship and Immigration Services data, people of Indian origin accounted for 71 per cent of new H-1B petitions in fiscal year 2024. In Carnegie's 2026 Indian American Attitudes Survey, about two-thirds of respondents opposed the $100,000 fee. Why the issue struggles to break through The first reason is the campaign's broader economic focus. In an analysis published on October 8, The Washington Post reviewed more than 8,000 advertisements in competitive congressional and gubernatorial races. Nearly three in five mentioned the economy, with affordability, housing, groceries and other costs featuring prominently. Immigration remained a major Republican advertising issue, but it was no longer as prominent as in the 2024 election. Democrats, in comparison, devoted relatively little advertising to immigration. For Republicans, mentioning the issue comes with its own political complication. The fee is part of Trump's effort to restrict what his administration describes as abuse of the H-1B programme. Challenging it could alienate voters who believe foreign workers compete with Americans for jobs. On the other hand, defending it without qualification, meanwhile, risks concerns among technology employers and skilled workers who depend on international recruitment. For Democrats, opposing the fee offers a way to challenge a Trump administration policy and appeal to workers, employers and immigrant communities. But a broad defence of immigration can be politically difficult in an environment where campaigns are concentrating on affordability and where candidates in competitive districts must respond to local concerns. Also read | US midterm elections: Why Zohran Mamdani's influence could become a headache for Democrats and Republicans Trump's $100,000 H-1B fee: Latest court order There is another reason the issue may be difficult to campaign on: the fee's legal status has changed. On September 30, a federal judge in California blocked the requirement in a separate case brought by a coalition of unions, employers and nonprofit organisations. In Global Nurse Force v. Trump, U.S. District Judge Haywood S. Gilliam, Jr., in the Northern District of California, wrote, “The Agency Policies are VACATED and REMANDED to Agency Defendants. Agency Defendants, and all persons acting under their direction, are enjoined from enforcing or implementing the Agency Policies made pursuant to or in implementation of Proclamation No. 10973 and its extension in Proclamation No. 11069, until notice-and-comment rulemaking under the APA (Administrative Procedure Act) and regulatory flexibility analyses under the RFA have been conducted.” The decision followed an earlier ruling in June by a federal judge in Boston, which was upheld when an appeals court declined to pause it in July. The legal challenges concern the administration's authority and its failure to follow required procedures. What happens after November? The November 3 midterms will determine who controls Congress, but the result will not automatically settle the H-1B dispute. The immediate outcome will depend heavily on the courts and on the administration's next legal steps. Three broad possibilities remain. - First, the legal challenge continues. If the court orders remain in force, the administration cannot simply treat the fee as enforceable because it has renewed the proclamation. Further proceedings will determine the limits of its authority and whether the policy can survive judicial review. - Second, Congress takes up the question. Lawmakers could debate legislation governing H-1B fees, employer obligations and protections for American workers. - Third, the dispute moves into a different policy framework. Reuters reported that the Department of Homeland Security had moved in August to adopt a permanent fee of about $103,000. Notably, the agency's proposal could raise separate legal questions from those challenging Trump's original requirement.

The $100,000 H-1B fee has major implications for Indian professionals, but it has yet to become a defining issue in the US midterm campaign. Why are neither Republicans nor Democrats making it a 2026 US Midterm issue?

Trump's $100,000 H-1B fee: Why neither Republicans nor Democrats want to make it a 2026 US Midterm issue

Indian professionals working in the United States are likely to be among the most affected if the Donald Trump administration goes ahead with its proposal to increase the cost of H-1B visa renewals, as they account for the majority of extension approvals every year.&nbsp;According to the Department of Homeland Security's regulatory agenda, a final rule is expected in July to extend the "9-11 Response and Biometric Entry Exit Fee" to H 1B and L 1 visa extension petitions.&nbsp;The proposal would raise immigration related costs for US employers that depend on foreign skilled workers, including thousands of Indians.&nbsp;Under the existing rules, employers with more than 50 employees, where over half hold H 1B or L 1 visas, pay an additional $4,000 for H 1B petitions and $4,500 for L 1 petitions only when filing an initial petition or when an employee changes employers.&nbsp;"DHS is amending and clarifying the regulations to specify that the 9-11 Response Fees will apply to all H-1B and L-1 extension petitions," the proposed rule states.&nbsp;<h2>Indian professionals could see the biggest impact</h2>Most H 1B visa holders seek an extension after completing their initial three-year stay, meaning the proposed rule could increase costs for companies employing large numbers of Indian professionals.Data from the US Citizenship and Immigration Services shows that 406,685 H 1B petitions were approved during fiscal year 2025. Of these, 291,542, or 71 per cent, were approved for continuing employment rather than first-time applicants.&nbsp;Indian nationals accounted for 226,359 of those approvals, representing 77.6 per cent of all H 1B extensions. Chinese nationals were second with 31,581 approvals.<h2>Big tech firms may also face higher costs</h2>The proposal follows a US federal appeals court decision refusing to pause a lower court ruling that struck down the Trump administration's proposed $100,000 fee on new H 1B visa applications.&nbsp;The changes would also affect multinational companies such as Google and Meta, which use L 1 visas to transfer executives, managers and employees with specialised knowledge to their US operations.&nbsp;A report by the National Foundation for American Policy, cited by The Times of India, showed that several of the world's largest technology companies depend heavily on H 1B workers already employed in the United States.&nbsp;During fiscal year 2025, Amazon received the highest number of approved H 1B petitions for continuing employment at 14,532. Tata Consultancy Services followed with 5,293 approvals, while Microsoft received 4,863. Meta Platforms recorded 4,740 approvals, Apple had 4,610, and Google received 4,509.&nbsp;The think tank said these figures do not represent individual employees because an H 1B worker may receive more than one approval in a year due to job transfers or changes in work location.

The Trump administration's proposal to expand H 1B visa renewal fees could increase costs for US employers and have the biggest impact on Indian professionals, who account for most H 1B visa extensions.

Indian professionals working in the United States are likely to be among the most affected if the Donald Trump administration goes ahead with its proposal to increase the cost of H-1B visa renewals, as they account for the majority of extension approvals every year. According to the Department of Homeland Security's regulatory agenda, a final rule is expected in July to extend the "9-11 Response and Biometric Entry Exit Fee" to H 1B and L 1 visa extension petitions. The proposal would raise immigration related costs for US employers that depend on foreign skilled workers, including thousands of Indians. Under the existing rules, employers with more than 50 employees, where over half hold H 1B or L 1 visas, pay an additional $4,000 for H 1B petitions and $4,500 for L 1 petitions only when filing an initial petition or when an employee changes employers. "DHS is amending and clarifying the regulations to specify that the 9-11 Response Fees will apply to all H-1B and L-1 extension petitions," the proposed rule states. Indian professionals could see the biggest impact Most H 1B visa holders seek an extension after completing their initial three-year stay, meaning the proposed rule could increase costs for companies employing large numbers of Indian professionals. Data from the US Citizenship and Immigration Services shows that 406,685 H 1B petitions were approved during fiscal year 2025. Of these, 291,542, or 71 per cent, were approved for continuing employment rather than first-time applicants. Indian nationals accounted for 226,359 of those approvals, representing 77.6 per cent of all H 1B extensions. Chinese nationals were second with 31,581 approvals. Big tech firms may also face higher costs The proposal follows a US federal appeals court decision refusing to pause a lower court ruling that struck down the Trump administration's proposed $100,000 fee on new H 1B visa applications. The changes would also affect multinational companies such as Google and Meta, which use L 1 visas to transfer executives, managers and employees with specialised knowledge to their US operations. A report by the National Foundation for American Policy, cited by The Times of India, showed that several of the world's largest technology companies depend heavily on H 1B workers already employed in the United States. During fiscal year 2025, Amazon received the highest number of approved H 1B petitions for continuing employment at 14,532. Tata Consultancy Services followed with 5,293 approvals, while Microsoft received 4,863. Meta Platforms recorded 4,740 approvals, Apple had 4,610, and Google received 4,509. The think tank said these figures do not represent individual employees because an H 1B worker may receive more than one approval in a year due to job transfers or changes in work location.

The Trump administration's proposal to expand H-1B visa renewal fees could increase costs for US employers and have the biggest impact on Indian professionals, who account for most H-1B visa extensions.

What Trump's proposed H-1B visa renewal fee means for Indian professionals

A US federal appeals court on Friday (July 24) rejected the Trump administration's attempt to reinstate a controversial $100,000 fee on new H-1B visas, dealing another setback to President Donald Trump's immigration policy aimed at highly skilled foreign workers.&nbsp;The Boston-based First US Circuit Court of Appeals declined to stay a lower court order issued on 8 June that barred the administration from imposing the fee. The ruling came in response to a lawsuit filed by 20 Democratic state attorneys general, who argued that the charge amounted to an unlawful tax that Congress had never authorised.&nbsp;Also read: <a href="https://www.wionews.com/world/unlike-his-father-us-intelligence-flags-iran-s-new-leader-s-nuclear-ambitions-1784935494215">'Unlike his father': US intelligence flags Iran's new leader's ‘nuclear ambitions’</a>&nbsp;In its decision, the three-judge panel said the administration had failed to demonstrate that it was likely to succeed on appeal in proving it had acted within its legal authority when introducing the fee. The panel, which consists of judges appointed by Democratic presidents, left the lower court's injunction in place while the broader legal challenge continues.&nbsp;Trump announced the steep increase in September through a presidential proclamation, raising the cost of obtaining new H-1B visas from the typical range of about $2,000 to $5,000, depending on the application, to $100,000.&nbsp;The H-1B visa programme, widely used by technology companies and other employers to recruit highly skilled foreign workers, issues 65,000 visas each year, along with an additional 20,000 reserved for applicants holding advanced degrees. Successful applicants are generally granted visas valid for three to six years.&nbsp;Also read: <a href="https://www.wionews.com/world/if-they-had-nuclear-weapon-there-might-not-be-a-middle-east-today-trump-s-fresh-jibe-at-iran-1784933816124">‘If they had nuclear weapon, there might not be a Middle East today’: Trump’s fresh jibe at Iran</a>&nbsp;Defending the policy, Trump said the H-1B programme "has been deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labour". The administration argued the higher fee would discourage misuse of the visa system.&nbsp;The fee, however, did not apply to foreign nationals already in the United States on student visas, a category that accounts for a significant proportion of new H-1B recipients.&nbsp;According to court filings, few employers have paid the new fee since it was introduced. The White House did not immediately respond to requests for comment following the appeals court's decision.

A US federal appeals court rejected the Trump administration's attempt to reinstate a $100,000 fee on new H-1B visas, upholding a lower court ruling that called it an unlawful tax.

A US federal appeals court on Friday (July 24) rejected the Trump administration's attempt to reinstate a controversial $100,000 fee on new H-1B visas, dealing another setback to President Donald Trump's immigration policy aimed at highly skilled foreign workers. The Boston-based First US Circuit Court of Appeals declined to stay a lower court order issued on 8 June that barred the administration from imposing the fee. The ruling came in response to a lawsuit filed by 20 Democratic state attorneys general, who argued that the charge amounted to an unlawful tax that Congress had never authorised. Also read: 'Unlike his father': US intelligence flags Iran's new leader's ‘nuclear ambitions’ In its decision, the three-judge panel said the administration had failed to demonstrate that it was likely to succeed on appeal in proving it had acted within its legal authority when introducing the fee. The panel, which consists of judges appointed by Democratic presidents, left the lower court's injunction in place while the broader legal challenge continues. Trump announced the steep increase in September through a presidential proclamation, raising the cost of obtaining new H-1B visas from the typical range of about $2,000 to $5,000, depending on the application, to $100,000. The H-1B visa programme, widely used by technology companies and other employers to recruit highly skilled foreign workers, issues 65,000 visas each year, along with an additional 20,000 reserved for applicants holding advanced degrees. Successful applicants are generally granted visas valid for three to six years. Also read: ‘If they had nuclear weapon, there might not be a Middle East today’: Trump’s fresh jibe at Iran Defending the policy, Trump said the H-1B programme "has been deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labour". The administration argued the higher fee would discourage misuse of the visa system. The fee, however, did not apply to foreign nationals already in the United States on student visas, a category that accounts for a significant proportion of new H-1B recipients. According to court filings, few employers have paid the new fee since it was introduced. The White House did not immediately respond to requests for comment following the appeals court's decision.

A US federal appeals court rejected the Trump administration's attempt to reinstate a $100,000 fee on new H-1B visas, upholding a lower court ruling that called it an unlawful tax.

Trump’s $100,000 H-1B visa fee stays blocked after appeals court ruling. All you need to know

A federal court on Monday ruled that the fee of 1 lakh US dollars for H-1B visa imposed by Trump administration was unlawful. In its ruling the court said that the administration did not have the legal authority to impose "unauthorised tax" on employers seeking to hire highly skilled foreign workers.&nbsp;"The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress," &nbsp;ruled US District Court Judge Leo Sorokin of Boston.&nbsp;The Trump administration had hiked the fee saying it was a way to prevent foreign workers from taking American jobs.&nbsp;<h2>What is the H-1B visa?</h2>&nbsp;<ul><li>H-1B visas allows American companies to hire skilled global talent</li><li>Technology companies like Amazon.com, Tata Consultancy Services, Microsoft, Meta Platforms and Apple &nbsp;are the biggest users</li><li>Nearly three-quarters of the approvals go to workers from India</li><li>Most H-1B visa applications cost several thousand dollars before it was hiked by Trump</li><li>H-1B visa is allotted using a lottery system under which about 65,000 visas are given annually along with another 20,000 for workers with advanced degrees</li><li>The visas last three to six years, but can be renewed</li></ul><h2>What was the hike in fee and how it impacted H-1B visa seekers</h2>&nbsp;The average H-1B visa fees used to be &nbsp;$2,000 until it was hiked to $100,000. by Trump in September last year. This fee had to be borne by employers who needed to sponsor skilled immigrants for work in the US.&nbsp;The step was taken to discourage companies from hiring outside talent as some in the Trump administration thought it took away job opportunities from American workers.&nbsp;This was not the first time Trump had taken this step but during his first term as president too he had signed an order to tighten scrutiny of visa applications and detect frauds.<h2>What does the ruling mean for Indians seeking H-1B visa?</h2>&nbsp;H-1B visa is allotted using a lottery system under which about 65,000 visas are given annually along with another 20,000 for workers with advanced degrees. And nearly three-quarters of the approvals go to workers from India as we said before.&nbsp;Statistically speaking, around 70 per cent of H-1B visas were approved for Indian workers in 2024. While Chinese with 12 per cent grabbed the second spot, according to US administration data. &nbsp;&nbsp;The ruling has come as a big relief to this working section as the companies that will be sponsoring them will not need to shell out huge amounts and will be more open to hiring talents from outside the US.&nbsp;

The Trump administration had hiked the fee in September last year to 1 lakh US dollars saying it was a way to prevent foreign workers from taking American jobs.

A federal court on Monday ruled that the fee of 1 lakh US dollars for H-1B visa imposed by Trump administration was unlawful. In its ruling the court said that the administration did not have the legal authority to impose "unauthorised tax" on employers seeking to hire highly skilled foreign workers. "The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress," ruled US District Court Judge Leo Sorokin of Boston. The Trump administration had hiked the fee saying it was a way to prevent foreign workers from taking American jobs. What is the H-1B visa? H-1B visas allows American companies to hire skilled global talent Technology companies like Amazon.com, Tata Consultancy Services, Microsoft, Meta Platforms and Apple are the biggest users Nearly three-quarters of the approvals go to workers from India Most H-1B visa applications cost several thousand dollars before it was hiked by Trump H-1B visa is allotted using a lottery system under which about 65,000 visas are given annually along with another 20,000 for workers with advanced degrees The visas last three to six years, but can be renewed What was the hike in fee and how it impacted H-1B visa seekers The average H-1B visa fees used to be $2,000 until it was hiked to $100,000. by Trump in September last year. This fee had to be borne by employers who needed to sponsor skilled immigrants for work in the US. The step was taken to discourage companies from hiring outside talent as some in the Trump administration thought it took away job opportunities from American workers. This was not the first time Trump had taken this step but during his first term as president too he had signed an order to tighten scrutiny of visa applications and detect frauds. What does the ruling mean for Indians seeking H-1B visa? H-1B visa is allotted using a lottery system under which about 65,000 visas are given annually along with another 20,000 for workers with advanced degrees. And nearly three-quarters of the approvals go to workers from India as we said before. Statistically speaking, around 70 per cent of H-1B visas were approved for Indian workers in 2024. While Chinese with 12 per cent grabbed the second spot, according to US administration data. The ruling has come as a big relief to this working section as the companies that will be sponsoring them will not need to shell out huge amounts and will be more open to hiring talents from outside the US.

The Trump administration had hiked the fee in September last year to 1 lakh US dollars saying it was a way to prevent foreign workers from taking American jobs.

WION Decodes: Judge strikes down Trump’s $100,000 H-1B visa fee hike, what does this mean for Indians seeking jobs in US?

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Trump's $100,000 H-1B fee: Why neither Republicans nor Democrats want to make it a 2026 US Midterm issue

What Trump's proposed H-1B visa renewal fee means for Indian professionals

Trump’s $100,000 H-1B visa fee stays blocked after appeals court ruling

Judge strikes down H-1B visa fee hike, how will it benefit Indians? WION Decodes