The US Division of Homeland Safety (DHS) has proposed elevating the charge for sure H-1B visa petitions to $103,265. The proposal, posted within the Federal Register on Monday, would flip the controversial $100,000 H-1B cost launched by the Donald Trump administration final 12 months into a proper regulatory requirement.The proposed rule will now enter a 30-day public remark interval, after which DHS may finalise it by the tip of the 12 months.The transfer comes amid rising uncertainty across the H-1B programme, notably for Indian professionals who account for the most important share of H-1B beneficiaries.
From $100,000 charge to everlasting rule
The proposed $103,265 cost follows Trump’s 2025 proclamation that imposed a $100,000 cost for sure new H-1B petitions. Though that proclamation is because of expire in September, it instructed DHS to pursue laws that may make the cost everlasting.The charge has already grow to be the topic of a authorized battle. On June 8, 2026, the US District Court docket for the District of Massachusetts vacated company steerage implementing the $100,000 cost requirement in State of California v. Mullin. DHS challenged the choice and sought a keep from the US Court docket of Appeals for the First Circuit.
H-1B Visa Modifications: Timeline of Essential Occasions
The First Circuit rejected the federal government’s request on July 24. DHS stated it disagrees with the ruling however will adjust to the court docket’s order whereas it considers its subsequent steps. The division has additionally made clear that if the court docket order is ultimately lifted, it nonetheless intends to gather the cost.In the meantime, the US Citizenship and Immigration Providers (USCIS) has already acquired sufficient petitions to succeed in the congressionally mandated 65,000 common H-1B cap and 20,000 grasp’s cap for fiscal 12 months 2027.The proposed charge is due to this fact arriving alongside a broader tightening of the H-1B system, which has grow to be more and more tough for employers and potential migrants to navigate.
Why Indians face a more durable H-1B highway
For Indian professionals, the proposed charge provides to a collection of adjustments affecting the standard route from schooling and employment within the US to long-term residency.The H-1B programme has traditionally been a serious pathway for Indian engineers, know-how employees, researchers, monetary professionals and healthcare employees looking for employment within the US. However larger prices, tighter choice guidelines and better scrutiny are making the route extra selective and unpredictable.
The US is dealing with a rising workforce crunch, with shortages anticipated throughout know-how, manufacturing and healthcare.
Xiao Wang, CEO of Boundless Immigration, had earlier stated that the $100,000 charge has already affected the market, notably India-based IT consulting firms whose enterprise fashions rely closely on sending workers to US consumer websites. He additionally pointed to a shift amongst main H-1B employers, with Amazon, Meta, Microsoft and Google rating among the many main sponsors in FY2025 moderately than conventional Indian IT companies.One other main change has been the shift in direction of a wage-weighted choice course of. Based on Wang, Boundless consumer information confirmed that senior, Stage III candidates had a 68% choice price within the March 2026 cap season, in contrast with 40% for entry-level, Stage I candidates. That distinction might be notably vital for Indian college students graduating from US universities and looking for their first jobs.The proposed Finish H-1B Visa Abuse Act of 2026 may add one other layer of restrictions if enacted. The invoice would name for a three-year pause on new H-1B visas, scale back the annual cap from 65,000 to 25,000 and introduce a minimal annual wage threshold of $200,000.
