H-1B visa update: Trump extends $100,000 fee for another year. Here's what it means for Indians

President Donald Trump has extended an executive order that would have imposed a $100,000 fee on H-1B nonimmigrant visas for another year, the White House said Friday.

The policy will remain in effect until Sept. 21, 2027, with limited exceptions for workers, companies or industries deemed to be in the national interest, the White House said. declaration on Friday.

The White House said in a statement: “On September 19, 2025, Proclamation 10973 (Restrictions on Entry of Certain Nonimmigrant Workers) (2025 Proclamation) was issued to address significant abuse of the H-1B nonimmigrant visa program.”

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“The restrictions adopted by the 2025 Statement have proven to be highly effective, but the underlying conditions requiring restrictions remain,” it said.

“Therefore, it is in the interest of the United States to extend the 2025 Proclamation for an additional 12 months, until September 21, 2027 at 12:00 p.m. Eastern Time,” the White House said.

American employers looking to hire skilled foreign workers can use the H-1B visa program for a fee, which allows technicians and other professionals from abroad to work in the United States for several years.

Advantages?

The White House said Friday that registrations from the largest information technology staffing and outsourcing firms have dropped 92% since the H-1B payment requirement and the new weighted selection system went into effect, while more applications are now for workers with higher education and higher-paying job offers.

More than 700 petitions included a $100,000 payment, according to the statement.

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He added: “Finally, there is a positive shift in FY 2027 H-1B registration and selection data toward more skilled and higher-paid workers, with registrations of recipients with at least a US master’s degree increasing from 45.1 percent of total registrations in FY 2026 to 66.1 percent for FY 2027.”

Trump’s H-1B fee

Trump has criticized the H-1B program and wants to permanently raise the fee from $2,000 to $5,000 to at least $100,000.

Trump’s original order to increase the fees, first issued in September 2025, was set to expire this month.

Despite criticism that some companies are using the visas to hire lower-paid foreign workers instead of Americans, trade groups and companies say they are helping to recruit highly skilled professionals and address shortages of skilled American workers in some industries.

H-1B visas, introduced by Congress in 1990, are especially important to technology companies looking to hire from India and China.

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Changes to how potential visa holders are screened and processed have affected companies’ hiring and expansion plans, with some leading H-1B users, such as Google parent Alphabet, moving to increase operations in India.

The U.S. Department of Homeland Security also began pushing a separate, more far-reaching proposal last month that would impose a roughly $103,000 fee on all H-1B petitions subject to the annual visa cap.

Unlike the earlier initiative, it would apply to almost anyone who would get a new visa, not just those outside the country.

Why is the H-1B fee extension important for Indians?

This development is significant for Indian professionals, as Indians represent the largest share of approved H-1B recipients by country of birth.

USCIS data for FY2024 shows that 71% of approved H-1B petitions were for beneficiaries born in India, compared to about 12% in China.

The higher fee does not apply to every H-1B worker. It did not apply to visas granted to foreign nationals already in the United States on student visas, which make up a large share of new H-1B recipients, or to renewals of existing visas.

The fee also did not apply to renewals of existing H-1B visas.

For Indian workers outside the US receiving H-1B opportunities requiring entry into the country, the legal status of the $100,000 payment could have significant implications for employers and visa applicants.

A legal battle

The decision to extend the fee for another year comes even as the legal battle over the H-1B fee continues in court.

The legal status of the fee remains uncertain since a federal judge in Massachusetts in June struck down government guidance on its implementation. The government appealed against this decision.

A Boston-based appeals court is reviewing a federal judge’s June ruling that found the higher fee imposed by the Trump administration illegal and blocked the government from collecting it.

Another court is considering whether a judge correctly dismissed a challenge to the fee by the U.S. Chamber of Commerce, America’s largest business lobby group.