The US Department of Homeland Security is planning to propose a major increase in the H-1B visa fee to $103,265, according to a notice posted in the Federal Register on Monday.
The proposed changes could significantly increase the cost of employing foreign nationals in the United States if they are implemented. They could also affect students moving from universities into employment and employers sponsoring H-1B workers.
The proposals are particularly significant for Indians, who accounted for 71 per cent of H-1B beneficiaries among the petitions approved by the US Citizenship and Immigration Services in 2024.
Proposed H-1B and OPT fees
The Trump administration is planning new fees related to the H-1B and F-1 Optional Practical Training (OPT) programmes.
According to immigration services firm Fragomen, the proposed rules have already moved through the White House Office of Management and Budget (OMB).
Fragomen said a proposed rule concerning an OPT fee was sent to the OMB on August 20 and was under review. A separate proposal concerning a fee on certain H-1B petitions was received by the OMB and cleared review on August 19.
The contents of the proposed regulations have not yet been officially released.
Fragomen also noted that the Department of Homeland Security could propose a $100,000 fee on OPT applications. The proposed H-1B fee could also be linked to ongoing legal proceedings concerning the administration’s previously blocked $100,000 H-1B petition fee.
Indians account for over 70% of H-1B beneficiaries
The proposed fee increase could have a substantial impact on Indian nationals because they make up the largest share of H-1B beneficiaries.
US Citizenship and Immigration Services approved 399,402 H-1B petitions in 2024, with Indian-born beneficiaries accounting for 71 per cent of them.
If the proposed regulations are eventually implemented, the higher costs could affect foreign workers as well as US employers that sponsor H-1B employees.
More than 5.2 million people of Indian origin live in the United States, according to recent estimates based on US Census data.
Proposed end to 60-day H-1B grace period
The potential fee increases come alongside another proposed immigration change affecting H-1B workers.
Earlier this month, the Department of Homeland Security proposed eliminating the existing 60-day grace period for certain H-1B workers whose employment ends before their authorised period of stay expires.
Under the proposal, affected workers and their dependants could be required to leave the US almost immediately if the regulation is finalised.
The proposed change would remove the existing 60-day grace period for certain workers and their dependants when the employment supporting their immigration status ends before their authorised stay expires.