The US Department of Homeland Security (DHS) on Monday proposed raising the fee for certain H-1B visa applications to $103,265. The proposal that was posted in the Federal Register on Monday would turn the controversial $100,000 H-1B payment introduced by the Donald Trump administration last year into a formal regulatory requirement.&nbsp;&nbsp;The proposed rule will now enter a 30-day public comment period, after which DHS could finalise it by the end of the year. The move comes amid growing uncertainty around the H-1B programme, particularly for Indian professionals who account for the largest share of H-1B beneficiaries.&nbsp;&nbsp;Also Read: <a href="https://www.wionews.com/world/trump-sets-stage-for-new-sanctions-unveiling-says-iran-is-completely-collapsing-1787581553591">Trump sets stage for new sanctions unveiling, says Iran is ‘completely collapsing’</a>&nbsp;The proposed $103,265 charge follows Trump’s 2025 proclamation that imposed a $100,000 payment for certain new H-1B petitions. Although that proclamation is due to expire in September, it instructed DHS to pursue regulations that would make the payment permanent.&nbsp;The fee has already become the subject of a legal battle. On June 8, 2026, the US District Court for the District of Massachusetts vacated agency guidance implementing the $100,000 payment requirement in State of California v. Mullin.&nbsp;DHS challenged the decision and sought a stay from the US Court of Appeals for the First Circuit.&nbsp;The First Circuit rejected the government’s request on July 24. DHS said it disagrees with the ruling but will comply with the court’s order while it considers its next steps. The department has also made clear that if the court order is eventually lifted, it still intends to collect the payment.&nbsp;&nbsp;Also Read: <a href="https://www.wionews.com/world/us-to-enter-new-phase-in-iran-war-very-soon-says-house-speaker-mike-johnson-1787516303936">‘We took the head off the snake’: US to enter ‘new phase’ in Iran war very soon, says Speaker Mike Johnson</a>&nbsp;Meanwhile, the US Citizenship and Immigration Services (USCIS) has already received enough petitions to reach the congressionally mandated 65,000 regular H-1B cap and 20,000 master’s cap for fiscal year 2027. The proposed fee is therefore arriving alongside a broader tightening of the H-1B system, which has become increasingly difficult for employers and prospective migrants to navigate.&nbsp;&nbsp;For Indian professionals, the proposed fee adds to a series of changes affecting the traditional route from education and employment in the US to long-term residency. The H-1B programme has historically been a major pathway for Indian engineers, technology workers, researchers, financial professionals, and healthcare workers seeking employment in the US. But higher costs, tighter selection rules, and greater scrutiny are making the route more selective and unpredictable.&nbsp;&nbsp;Also Read: <a href="https://www.wionews.com/world/russia-orchestrating-sabotage-attacks-at-european-arms-plants-to-sow-discord-report-1787511138908">Russia orchestrating sabotage attacks at European arms plants to sow discord: Report</a>&nbsp;India-based IT consulting companies whose business models rely heavily on sending employees to US client sites are already facing the heat.&nbsp;&nbsp;The proposed End H-1B Visa Abuse Act of 2026 could add another layer of restrictions if enacted. The bill would call for a three-year pause on new H-1B visas, reduce the annual cap from 65,000 to 25,000 and introduce a minimum annual salary threshold of $200,000.&nbsp;The shift is important for Indians because they account for more than 70 per cent of all H-1B visa beneficiaries. The US Citizenship and Immigration Services approved 399,402 H-1B petitions in 2024, out of which Indian-born beneficiaries claimed 71 per cent.&nbsp;More than 5.2 million people of Indian origin live in the US, according to recent estimates based on US Census data.

The proposed rule will now enter a 30-day public comment period, after which DHS could finalise it by the end of the year. The move comes amid growing uncertainty around the H-1B programme, particularly for Indian professionals who account for the largest share of H-1B beneficiaries.

The US Department of Homeland Security (DHS) on Monday proposed raising the fee for certain H-1B visa applications to $103,265. The proposal that was posted in the Federal Register on Monday would turn the controversial $100,000 H-1B payment introduced by the Donald Trump administration last year into a formal regulatory requirement. The proposed rule will now enter a 30-day public comment period, after which DHS could finalise it by the end of the year. The move comes amid growing uncertainty around the H-1B programme, particularly for Indian professionals who account for the largest share of H-1B beneficiaries. Also Read: Trump sets stage for new sanctions unveiling, says Iran is ‘completely collapsing’ The proposed $103,265 charge follows Trump’s 2025 proclamation that imposed a $100,000 payment for certain new H-1B petitions. Although that proclamation is due to expire in September, it instructed DHS to pursue regulations that would make the payment permanent. The fee has already become the subject of a legal battle. On June 8, 2026, the US District Court for the District of Massachusetts vacated agency guidance implementing the $100,000 payment requirement in State of California v. Mullin. DHS challenged the decision and sought a stay from the US Court of Appeals for the First Circuit. The First Circuit rejected the government’s request on July 24. DHS said it disagrees with the ruling but will comply with the court’s order while it considers its next steps. The department has also made clear that if the court order is eventually lifted, it still intends to collect the payment. Also Read: ‘We took the head off the snake’: US to enter ‘new phase’ in Iran war very soon, says Speaker Mike Johnson Meanwhile, the US Citizenship and Immigration Services (USCIS) has already received enough petitions to reach the congressionally mandated 65,000 regular H-1B cap and 20,000 master’s cap for fiscal year 2027. The proposed fee is therefore arriving alongside a broader tightening of the H-1B system, which has become increasingly difficult for employers and prospective migrants to navigate. For Indian professionals, the proposed fee adds to a series of changes affecting the traditional route from education and employment in the US to long-term residency. The H-1B programme has historically been a major pathway for Indian engineers, technology workers, researchers, financial professionals, and healthcare workers seeking employment in the US. But higher costs, tighter selection rules, and greater scrutiny are making the route more selective and unpredictable. Also Read: Russia orchestrating sabotage attacks at European arms plants to sow discord: Report India-based IT consulting companies whose business models rely heavily on sending employees to US client sites are already facing the heat. The proposed End H-1B Visa Abuse Act of 2026 could add another layer of restrictions if enacted. The bill would call for a three-year pause on new H-1B visas, reduce the annual cap from 65,000 to 25,000 and introduce a minimum annual salary threshold of $200,000. The shift is important for Indians because they account for more than 70 per cent of all H-1B visa beneficiaries. The US Citizenship and Immigration Services approved 399,402 H-1B petitions in 2024, out of which Indian-born beneficiaries claimed 71 per cent. More than 5.2 million people of Indian origin live in the US, according to recent estimates based on US Census data.

The proposed rule will now enter a 30-day public comment period, after which DHS could finalise it by the end of the year. The move comes amid growing uncertainty around the H-1B programme, particularly for Indian professionals who account for the largest share of H-1B beneficiaries.

Trump admin proposes hiking H-1B visa fee to over $100,000, Indians brace for impact

A federal judge on Monday struck down the $100,000 fee that US President Donald Trump had imposed last year on new H-1B visas for highly skilled foreign workers, concluding that it constituted an unlawful tax that Congress never authorised.&nbsp;US District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas.&nbsp;The ⁠H-1B programme offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees, approved for three to six years. Earlier, employers seeking a visa for a foreign worker typically paid about $2,000 to $5,000 in fees depending on various factors.&nbsp;Also Read: <a href="https://www.wionews.com/world/israeli-strikes-made-iran-stop-attacks-fight-against-tehran-hezbollah-not-over-netanyahu-1780939147844">Israeli strikes made Iran stop attacks, fight against Tehran, Hezbollah ‘not over’: Netanyahu</a>&nbsp;The fees hike has discouraged H-1B visa requests, according to court filings. As of February 15, US Citizenship and Immigration Services had received just 85 payments ⁠of the $100,000 fee, the administration said in a March filing.&nbsp;However, the Department of Homeland Security (DHS) Secretary, Markwayne Mullin, told a Senate panel recently that more than 200,000 applicants seeking H-1B visas to work in the US paid $100,000 for expedited processing during fiscal year 2026.&nbsp;The administration argued that the fee constituted a monetary penalty that the president had lawful authority to impose under federal immigration law to restrict the entry of ⁠certain foreign nationals. Trump administration officials projected it as an initiative to encourage companies to hire Americans instead.&nbsp;Also Read: <a href="https://www.wionews.com/world/eu-sanctions-irgc-navy-unit-2-iranians-over-crippling-strait-of-hormuz-blockade-1780933198425">EU sanctions IRGC Navy unit, 2 Iranians over crippling Strait of Hormuz blockade</a>&nbsp;The Trump administration contended that the judge had no authority to get involved in the visa fee dispute. The Justice Department claimed Trump’s action was unreviewable for multiple reasons and the judge should toss the states’ case.&nbsp;But Sorokin, who was appointed by Democratic President Barack Obama, concluded that the fee was not a penalty but a tax that ⁠the Republican president lacked any authorisation from Congress to issue.“Here, the substance and application of the $100,000 payment reveal that it is ⁠a tax, regardless of what the payment is called,” he wrote.&nbsp;Also Read: <a href="https://www.wionews.com/world/iran-announces-end-of-military-operations-against-israel-warns-harsher-action-if-lebanon-attacked-again-1780925146328">Iran announces end of military operations against Israel, warns ‘harsher’ action if Lebanon attacked again</a>&nbsp;The president had dramatically raised the cost of visas for highly skilled workers in an executive order last year.&nbsp;On June 3, Mullin said the DHS has the authority to waive a new $100,000 H-1B visa fee in certain cases, offering potential relief to employers facing high recruitment costs.&nbsp;&nbsp;Speaking at his first Senate budget hearing as DHS secretary, Mullin also said the department can consider fee waivers on a case-by-case basis after Senator Susan Collins of Maine pointed out that a rural hospital had to pay the fee to hire a surgeon from abroad after failing to find a qualified US candidate. “We do have some authority and flexibility to be able to waive some of this on a case by case,” Mullin said.

US District Judge Leo Sorokin, who was appointed by Democratic President Barack Obama, concluded that the $100,000 fee for H1-B visa was not a penalty but a tax that ⁠the Republican president lacked any authorisation from Congress to issue.

A federal judge on Monday struck down the $100,000 fee that US President Donald Trump had imposed last year on new H-1B visas for highly skilled foreign workers, concluding that it constituted an unlawful tax that Congress never authorised. US District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas. The ⁠H-1B programme offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees, approved for three to six years. Earlier, employers seeking a visa for a foreign worker typically paid about $2,000 to $5,000 in fees depending on various factors. Also Read: Israeli strikes made Iran stop attacks, fight against Tehran, Hezbollah ‘not over’: Netanyahu The fees hike has discouraged H-1B visa requests, according to court filings. As of February 15, US Citizenship and Immigration Services had received just 85 payments ⁠of the $100,000 fee, the administration said in a March filing. However, the Department of Homeland Security (DHS) Secretary, Markwayne Mullin, told a Senate panel recently that more than 200,000 applicants seeking H-1B visas to work in the US paid $100,000 for expedited processing during fiscal year 2026. The administration argued that the fee constituted a monetary penalty that the president had lawful authority to impose under federal immigration law to restrict the entry of ⁠certain foreign nationals. Trump administration officials projected it as an initiative to encourage companies to hire Americans instead. Also Read: EU sanctions IRGC Navy unit, 2 Iranians over crippling Strait of Hormuz blockade The Trump administration contended that the judge had no authority to get involved in the visa fee dispute. The Justice Department claimed Trump’s action was unreviewable for multiple reasons and the judge should toss the states’ case. But Sorokin, who was appointed by Democratic President Barack Obama, concluded that the fee was not a penalty but a tax that ⁠the Republican president lacked any authorisation from Congress to issue. “Here, the substance and application of the $100,000 payment reveal that it is ⁠a tax, regardless of what the payment is called,” he wrote. Also Read: Iran announces end of military operations against Israel, warns ‘harsher’ action if Lebanon attacked again The president had dramatically raised the cost of visas for highly skilled workers in an executive order last year. On June 3, Mullin said the DHS has the authority to waive a new $100,000 H-1B visa fee in certain cases, offering potential relief to employers facing high recruitment costs. Speaking at his first Senate budget hearing as DHS secretary, Mullin also said the department can consider fee waivers on a case-by-case basis after Senator Susan Collins of Maine pointed out that a rural hospital had to pay the fee to hire a surgeon from abroad after failing to find a qualified US candidate. “We do have some authority and flexibility to be able to waive some of this on a case by case,” Mullin said.

US District Judge Leo Sorokin, who was appointed by Democratic President Barack Obama, concluded that the $100,000 fee for H1-B visa was not a penalty but a tax that ⁠the Republican president lacked any authorisation from Congress to issue.

Federal judge rules Trump’s $100,000 fee for H-1B visas unlawful, strikes it down

The administration stated that the fee hike will protect domestic jobs while allowing businesses to hire 'truly exceptional' individuals when necessary.

The administration stated that the fee hike will protect domestic jobs while allowing businesses to hire 'truly exceptional' individuals when necessary.

What are Trump’s gold, platinum, and corporate cards for H-1B workers?

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Trump admin proposes hiking H-1B visa fee to over $100,000, Indians brace for impact

US Federal judge rules Donald Trump’s $100,000 fee for H-1B visas unlawful

What are Trump’s gold, platinum, and corporate cards for H-1B workers?