H-1B visa fee could cross $200,000 under Trump proposal: How Indian tech workers and employers may be affected

H-1B visa costs may rise dramatically under the Trump administration, with fees possibly surpassing $200,000.

The Donald Trump administration is seeking to dramatically increase the cost of bringing new H-1B workers into the United States, with the combined fees potentially exceeding $200,000 per applicant if an earlier $100,000 charge survives a court challenge.

Trump’s H-1B fee plan could push cost above $200,000. (Representational image) (Unsplash)

The Department of Homeland Security proposed an additional $103,265 fee for each new H-1B applicant from abroad on August 24, according to a notice published in the Federal Register. If the administration’s existing $100,000 fee is ultimately upheld, employers could face a total charge of $203,265 for an H-1B worker entering the US from overseas, as per a report by USA Today.

The proposal comes as the administration continues its broader push to make the H-1B program more expensive and restrictive. The H-1B system is widely used by technology companies, universities, research institutions and healthcare organizations to hire foreign workers in specialized occupations.

H-1B fee could cross $200,000

A federal judge in Massachusetts struck down the $100,000 fee in June, ruling that the administration lacked the authority to impose it in the manner used. The Justice Department has appealed the decision.

The 1st US Circuit Court of Appeals declined to halt the lower-court ruling in July, meaning the $100,000 charge remains uncollected while the legal battle continues.

The new DHS proposal would create another substantial financial hurdle.

According to the department, the $103,265 fee is intended to generate revenue to help fund the US immigration system. DHS estimates the proposal could raise about $8.8 billion over a decade.

Why the H-1B program matters to US employers

The H-1B program allows US employers to hire foreign professionals for jobs requiring specialized knowledge, including positions in technology, medicine, engineering and research.

The program is capped at 85,000 new visas a year for most employers, including 65,000 regular H-1Bs and 20,000 additional visas for workers with qualifying US advanced degrees. Demand has traditionally exceeded the annual limit, leading to a lottery.

Large technology companies are among the biggest users of the program. According to USCIS data, Amazon had 9,337 approved H-1B workers through June 30, followed by Apple with 3,879, Google with 3,180 and Meta with 2,563.

Universities and some nonprofit research organizations are generally exempt from the annual cap, allowing them to employ tens of thousands of additional H-1B workers.

Healthcare providers also rely on the program, particularly in areas where finding specialized medical professionals can be difficult.

Supporters of the visa program argue that imposing enormous fees could make it harder for hospitals, universities and smaller companies to recruit specialized workers.

Indian H-1B workers could face a major impact

The proposed fee is particularly significant for Indian professionals because India has historically accounted for a large share of H-1B beneficiaries.

For Indian technology workers and other professionals seeking to move to the US from abroad, a fee exceeding $200,000 could make sponsorship financially unrealistic for many employers.

The impact would not necessarily be limited to workers applying from India. The proposed $103,265 fee targets new H-1B applicants coming from outside the US, while workers already in the country can be subject to different rules depending on their immigration status and circumstances.

The distinction is important because the H-1B program is also used by foreign students who transition from US universities into employment, as well as professionals already working in the country.

Trump administration says fees will support immigration system

The administration has defended its approach on different grounds for the two fees.

The White House's $100,000 charge has been presented as an immigration policy designed to regulate the entry of H-1B workers rather than simply raise government revenue.

The newer DHS proposal has a more explicit funding objective. The department says the $103,265 charge would provide dedicated revenue for administering the US immigration system.

The proposal has already generated thousands of public comments, with supporters arguing that employers should have a stronger incentive to hire American workers.

What happens next?

The proposed $103,265 fee is not yet a final fee. DHS is accepting public comments through Sept. 24, after which the department would have to consider the feedback before deciding whether to issue a final rule.

At the same time, the administration continues to defend the $100,000 H-1B fee in federal court.

That means employers and foreign workers face two separate questions: whether the earlier $100,000 charge will ultimately survive the legal challenge, and whether DHS will finalize the additional $103,265 fee.

If both measures take effect, the cost of sponsoring a new H-1B worker from overseas could cross the $200,000 mark, USA Today reported, potentially reshaping one of the US immigration system’s most important pathways for highly skilled foreign professionals.