Washington: The Donald Trump administration in the US is planning to make the H-1B regime tougher by increasing an additional visa fee for current visas.
While the fee was only paid for new H-1B and L-1 visas, this may increase the cost of American firms looking to retain foreign workers in the US on visas like the H-1B visa. This may hit Indian professionals very hard in the US.
Last month, a US court had to pause an order passed by a lower court. In its order, the lower court struck down the US administration’s decision to impose a $100,000 fee on new H-1B visas. The detailed proposal was first published by the officials in 2024. It was published in the US Federal Register. Later, the proposal appeared as a pending final-rule item in the 2026 Unified Regulatory Agenda The final rule will be made public in coming weeks.
What US rule item say?
“The 9-11 Response and Biometric Entry-Exit Fees for H-1B and L-1 Visas (9-11 Response Fees) are fees paid by certain employers of H-1B and L non-immigrant workers. To implement Public Law 114-113, DHS is amending and clarifying the regulations to specify that the 9-11 Response Fees will apply to all H-1B and L-1 extension petitions in addition to all previously covered H-1B and L-1 petitions,” the rule item said.
In case the new rule is introduced, employers would be required to pay the “9-11 Response and Biometric Entry-Exit Fee” not only for new H-1B and L-1 petitions, but also at the time of seeking routine extensions.
The proposal may impact Indian professionals heavily. As per the US Citizenship and Immigration Services (USCIS)’s data, it cleared 406,348 H-1B petitions in 2025. Of these, 291,542 were for continuing employment. Employers with large Indian workforces may have to face significantly higher costs to retain these employees if the new rule comes into being.
