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H-1B fee proposal clears White House review: What Indian workers need to know as Trump administration weighs changes
The Trump administration's DHS proposal to modify H-1B petition fees has cleared key regulatory review.
A Department of Homeland Security proposal involving fees for H-1B petitions has cleared a key White House review, bringing the rule a step closer to public release as the Trump administration continues to pursue changes to the high-skilled worker visa program.
The White House Office of Information and Regulatory Affairs cleared the DHS proposal. The clearance means the proposal has completed an important stage of regulatory review, allowing DHS to move closer to publishing the measure.
The full details of the proposed rule have not yet been made public. As a result, it remains unclear what specific changes DHS is considering to H-1B petition fees, who would be affected and whether the proposal is connected to the administration's previously announced $100,000 fee for certain workers hired from outside the United States.
H-1B proposal moves through White House review
The H-1B program allows US employers to sponsor foreign professionals for jobs requiring specialized knowledge and is heavily used by the technology sector. Indian nationals have historically accounted for a large share of H-1B beneficiaries, making changes to the program particularly significant for Indian professionals and their employers.
The DHS proposal comes amid a broader push by the Trump administration to tighten and reshape the H-1B system.
Among the administration's most consequential actions was the $100,000 fee announced last year for certain H-1B workers hired from outside the United States. That fee, however, is separate from the newly cleared regulatory proposal.
What happens next?
OIRA reviews significant federal regulations before they are issued by government agencies. Once that review is complete, an agency can move forward with publication.
If DHS releases the measure as a proposed rule, the publication could set out the planned changes and provide an opportunity for public comment before a final regulation is issued.
For employers and H-1B workers, the release of the proposal will be the next key development. The text should clarify whether DHS is seeking changes to existing filing fees, introducing new charges or creating a separate fee framework for certain H-1B petitions.
What Indian H-1B workers should know
For Indian H-1B workers and those planning to enter the US on the visa, the immediate takeaway is that no new H-1B fee has been approved through this White House review. The proposal still needs to be published before its provisions can be assessed.
Indian professionals should therefore avoid assuming that the latest development automatically means they or their employers will face an additional fee.
The eventual proposal could clarify whether any changes would apply to new petitions, extensions, transfers or other H-1B filings, and whether employers, not workers, would be responsible for the payments.
DHS also advances EB-5 fee rule
DHS has separately sent a final regulation involving fees for the EB-5 immigrant investor visa program to the White House for review.
The rule would update fee requirements for the program. A proposal published in October included plans to reduce fees for Form I-526 petitions filed by immigrant investors and incorporate provisions of the EB-5 Reform and Integrity Act of 2022.
The impact on employers and foreign workers will become clearer once DHS publishes the proposal and reveals the fee changes under consideration.
