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Trump extends $100,000 H-1B visa fee: What it means for Indian workers
Trump has extended the $100,000 payment requirement for certain new H-1B workers until September 2027, while court challenges continue over its legality and Indian professionals remain particularly ex
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Trump has extended the $100,000 payment requirement for certain new H-1B workers until September 2027, while court challenges continue over its legality and Indian professionals remain particularly exposed.
4 min readSep 21, 2026 04:32 AM IST First published on: Sep 19, 2026 at 03:48 PM IST
President Donald Trump holds documents in the Oval Office of the White House.( Photo: AP)
US President Donald Trump has extended for another year a restriction requiring a $100,000 payment for certain new H-1B workers seeking to enter the United States, keeping a major hurdle in place for companies hiring skilled foreign professionals.
The restriction, first imposed in September 2025, will remain in effect until September 21, 2027, under a new presidential proclamation issued on Friday.
The H-1B programme allows US employers to petition to hire foreign workers in speciality occupations, including technology, engineering, research and other skilled fields. The programme has become particularly important for Indian professionals seeking to work in the United States.
Why does this hit India so hard?
Created by Congress in 1990, the H-1B programme is particularly important to technology companies recruiting workers from India and China. India is by far the largest source country — beneficiaries born in India accounted for 71 per cent of approved H-1B petitions in fiscal 2024, compared with 11.7 per cent for China, according to USCIS.
The Trump administration has argued that the H-1B programme has been abused by employers that use lower-paid foreign labour, particularly in the IT staffing and outsourcing sectors. The administration says the $100,000 payment is intended to discourage such hiring and shift recruitment towards higher-skilled, higher-paid workers.
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The $100,000 payment is substantially higher than the government fees employers typically faced under the previous H-1B system, although the exact cost varied by employer and type of petition.
The policy is tied up in court. In June, a federal judge in Massachusetts ruled that the Trump administration had exceeded its authority in imposing the $100,000 payment requirement and vacated the government’s actions implementing it. The Boston-based 1st US Circuit Court of Appeals later declined to pause that ruling while the administration’s appeal proceeds.
Separately, the US Chamber of Commerce is challenging the policy in a case before the US Court of Appeals for the District of Columbia Circuit.
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Quiz · H-1B · September 2026
The $100,000 H-1B fee: how much do you actually know?
Trump extended the payment requirement for another year on Friday. Five questions on what it does, who it covers and where the courts have left it.
Before you start
The $100,000 is not currently being collected. A federal judge found the fee unlawful in June and blocked collection; on July 24 an appeals court refused to pause that ruling. Friday’s proclamation extends how long the restriction is meant to run, but does not by itself overturn the court order.
Question 1 of 5
Until what date has Trump extended the $100,000 H-1B payment requirement?
A
December 31, 2027
B
January 20, 2028
C
September 21, 2026
D
September 21, 2027
Correct
The proclamation signed on September 18 runs through September 21, 2027 — a further twelve months. The restriction itself takes effect at 12.01am Eastern on September 21, 2026.
Not quite — the answer is D
The proclamation signed on September 18 runs through September 21, 2027 — a further twelve months. The restriction itself takes effect at 12.01am Eastern on September 21, 2026.
Question 2 of 5
Which group is specifically covered by the extended entry restriction?
A
All H-1B workers already living in the US
B
All foreign students studying in the US
C
All existing H-1B holders seeking renewal
D
Certain H-1B workers currently outside the US
Correct
It targets covered workers who need admission to the United States, including those going through consular processing. It is not a blanket charge on every H-1B filing, and cases involving a change of status inside the country sit differently.
Not quite — the answer is D
It targets covered workers who need admission to the United States, including those going through consular processing. It is not a blanket charge on every H-1B filing, and cases involving a change of status inside the country sit differently.
Question 3 of 5
What share of approved H-1B petitions in FY2024 involved beneficiaries born in India?
A
51%
B
31%
C
11.7%
D
71%
Correct
Roughly seven in ten. That is a FY2024 approvals figure and should not be read as a current 2026 market share.
Not quite — the answer is D
Roughly seven in ten. That is a FY2024 approvals figure and should not be read as a current 2026 market share.
Question 4 of 5
What happened to the payment requirement in a June federal court ruling?
A
The court ruled against the government’s implementation
B
The court permanently approved the payment
C
The court raised the payment to $200,000
D
The court ended the H-1B programme
Correct
A federal judge found the fee unlawful and blocked the government from collecting it. The administration appealed; on July 24 the First Circuit refused to pause that ruling, finding the government had not shown it was likely to win.
Not quite — the answer is A
A federal judge found the fee unlawful and blocked the government from collecting it. The administration appealed; on July 24 the First Circuit refused to pause that ruling, finding the government had not shown it was likely to win.
Question 5 of 5
Who can potentially receive a national-interest exemption under the September 2026 proclamation?
A
Only Indian technology workers
B
Only US universities
C
Only companies with fewer than 50 employees
D
An individual worker, company or industry
Correct
The homeland security secretary may exempt a particular worker, employer or whole industry where hiring is judged to be in the national interest.
Not quite — the answer is D
The homeland security secretary may exempt a particular worker, employer or whole industry where hiring is judged to be in the national interest.
.
Who does the fee actually apply to?
The $100,000 requirement does not apply to every H-1B worker. The proclamation targets certain H-1B workers who are outside the United States and seeking entry under a new petition. It does not cover foreign students already in the US who later move into H-1B status or renewals of existing H-1B visas, according to the administration’s policy.
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The DHS secretary can also exempt individual workers, companies or industries if their hiring is deemed to be in the US national interest.
How are companies responding to the H-1B restrictions?
Business groups and companies argue that H-1B visas help them recruit highly skilled professionals and fill positions for which they say they cannot find enough qualified US workers. Critics, including supporters of tighter restrictions, argue that some employers use the programme to hire lower-paid foreign workers instead.
The uncertainty is already reshaping hiring decisions. Tighter screening and processing rules have made it harder for companies to plan hiring and growth around H-1B talent. Some of the biggest users of the visa, including Google’s parent company Alphabet, have responded by shifting more of their operations and hiring to India itself, a sign that restricting the visa route may simply push tech jobs offshore rather than bring them back to American workers.
The policy changes have also affected some companies’ hiring and expansion plans, news agency Reuters reported. Major H-1B users such as Google parent Alphabet have increased operations in India, although the extent to which that expansion is directly linked to the H-1B restrictions is unclear.
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What else did Trump change?
Alongside extending the $100,000 payment requirement, Trump signed an executive order directing federal agencies to consider employers’ recent or planned layoffs of similarly situated US workers when reviewing H-1B applications. The order also calls for greater coordination and data sharing among agencies involved in administering the programme.
The Express Global Desk at indianexpress.com which delivers authoritative, verified, and context-driven coverage of key international developments shaping global politics, policy, and migration trends. The desk focuses on stories with direct relevance for Indian and global audiences, combining breaking news with in-depth explainers and analysis. A major focus area of the desk is US immigration and visa policy, including developments related to student visas, work permits, permanent residency pathways, executive actions, and court rulings. The Global Desk also closely tracks Canada’s immigration, visa, and study policies, covering changes to study permits, post-study work options, permanent residence programmes, and regulatory updates affecting migrants and international students. All reporting from the Global Desk adheres to The Indian Express’ editorial standards, relying on official data, government notifications, court documents, and on-record sources. The desk prioritises clarity, accuracy, and accountability, ensuring readers can navigate complex global systems with confidence. Core Team The Express Global Desk is led by a team of experienced journalists and editors with deep expertise in international affairs and migration policy: Aniruddha Dhar – Senior Assistant Editor with extensive experience in global affairs, international politics, and editorial leadership. Nischai Vats – Deputy Copy Editor specialising in US politics, US visa and immigration policy, and policy-driven international coverage. Mashkoora Khan – Sub-editor focusing on global developments, with a strong emphasis on Canada visa, immigration, and study-related policy coverage. ... Read More
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