- US Department of Homeland Security plans to increase the H-1B visa fee to $103,265, according to a notice posted in the Federal Register on Monday.
- The proposed rule has already cleared review at the White House Office of Management and Budget.
- DHS also proposed eliminating the 60-day grace period for unemployed H-1B workers, forcing them to leave the United States immediately or face status violations if the rule is finalized.
- A federal judge struck down a $100,000 H-1B fee imposed by President Trump in July, calling it an unlawful tax that Congress never authorized.
- The lawsuit against the fee was filed by 20 Democratic state attorneys general.
- The H-1B program offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees, approved for three to six years.
- Indian nationals receive a large majority of US H-1B specialty occupation visas, accounting for 71% of beneficiaries.
The US Department of Homeland Security (DHS) is set to increase the H-1B visa fee to $103,265, a significant rise from the current $2,000 to $5,000 range.1
This change is particularly impactful for Indian nationals, who represent 71% of H-1B beneficiaries, with 399,402 petitions approved in 2024.78
The proposed fee hike follows a previous attempt to impose a $100,000 fee, which was struck down by a federal judge as an unlawful tax.4
“A proposed OPT fee rule was sent to the Office of Management and Budget (OMB) on August 20 and is now under review,” noted the immigration law firm Fragomen.
In addition to the fee increase, the DHS aims to eliminate the 60-day grace period for unemployed H-1B workers, which would require them to leave the US immediately or risk status violations.
This regulation could force many workers and their dependents to depart the country almost instantly, as it removes the existing grace period when employment ends before the authorized stay expires.
More than 5.2 million people of Indian origin live in the US, highlighting the significant implications of these changes for this community.
“The proposed fee, posted in the Federal Register, follows a federal judge's July ruling that struck down a similar $100,000 fee as an unlawful tax. Indian nationals received 71% of the 399,402 H-1B petitions approved in 2024, and the new rule could also eliminate the 60-day grace period for unemployed workers.”
