Trump’s H-1B visa double whammy: Why Indians could feel the heat

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A fresh $103,265 charge proposed on top of an existing $100,000 fee would push the total cost of hiring an H-1B worker past $200,000. Universities, hospitals and tech firms warn of serious damage, while Indian workers, who hold most H-1B visas, stand to feel it most.5 min readSep 5, 2026 09:30 PM IST First published on: Sep 5, 2026 at 09:08 PM IST ShareWhatsapptwitterFacebookIndian H-1B families are likely to feel the brunt of this impact. (File Photo)The cost of sponsoring some new H-1B workers could exceed $200,000 if two separate Trump administration measures ultimately apply to the same case. The Department of Homeland Security has proposed a $103,265 fee for H-1B petitions subject to the annual cap, while a separate $100,000 payment introduced last year has been blocked by a federal court and remains under appeal, reported USA TODAY.The administration argues that the higher cost would discourage employers from using H-1B workers where qualified US workers are available. Critics, including immigration and business groups, argue the fee could severely restrict the programme.What is the H-1B visa, and who uses it?The H-1B programme allows US employers to hire foreign workers in specialty occupations, generally for up to six years. The annual cap is 85,000, 65,000 regular places and 20,000 for qualifying advanced-degree holders from US universities, with a selection process when demand exceeds the limit.Amazon leads the latest corporate H-1B approvals, with 9,337 approved workers, followed by Apple with 3,879, Google with 3,180 and Meta with 2,563, according to USCIS data.Universities rely heavily on the programme too: Stanford has 284 H-1B workers, the Mayo Clinic 276, and Washington University in St. Louis 219.Immigration group FWD.us estimates 730,000 visa holders are currently in the US, plus 550,000 dependents.What does it mean for Indians?India is by far the largest source of H-1B workers, accounting for around 71 per cent of all approvals, according to government data cited by Business Standard, with China a distant second. That means any fee increase falls overwhelmingly on Indian applicants and the Indian IT firms that sponsor them.When the $100,000 payment was introduced in September 2025, it was equivalent to roughly ₹88 lakh at the exchange rate at the time. The payment was not an annual charge.Story continues below this adAlso Read Why Indian diaspora group is opposing US’s 4-year student visa capA federal court blocked that fee in June, and an appeals court declined to revive it in July, leaving Indian applicants in a holding pattern. Analysts have called it relief “for now” rather than a lasting win, since the government is still appealing and the new $103,265 charge is a separate proposal moving forward regardless of that case’s outcome.Who supports the higher fee, and why?Some American workers back the change, arguing it levels the playing field. Benjamin Wolf, a technology professional in Reston, Virginia, told the department in a public comment that the lower cost of sponsoring foreign labour has “repeatedly put American candidates at a disadvantage.”Alvester Johnson III, an IT professional in Phoenix, made a similar case, saying cheap visa fees make it “artificially cheap for employers to prefer foreign speciality labour over investing in or retaining US workers.”Also read US new immigration rule threatens stay of over 3 lakh Indian students on F-1 visaWho is against it, and what do they say?Universities, hospitals and business groups argue the fee will do far more harm than good.Story continues below this adShev Dalal-Dheini of the American Immigration Lawyers Association told USA TODAY the combined fees are “just one of the many nails in the coffin of legal immigration in this country.”The University of Michigan estimated the original fee alone would have cost it $9 million a year, according to a court filing from vice president Arthur Lupia and international centre director Judith Pennywell, who called it “a new tax on bringing some of the best minds to America.”David Bier of the Cato Institute wrote that the new charge “will crush the H-1B program, resulting in the loss of hundreds of thousands of talented workers.”What about doctors and hospitals?Health systems warn the fee threatens patient care. St. Jude Children’s Research Hospital has 199 H-1B workers, the Cleveland Clinic 158, and Massachusetts General Hospital 135.Anantha Shekhar, former dean of the University of Pittsburgh’s School of Medicine, said in a court filing that research into disability, artificial intelligence and vision science “will be hampered” without H-1B staff. Edwin Zhang, a hospital worker who submitted public comment, said international medical graduates are “a large, essential portion of our clinical workforce,” warning the fee could “worsen existing national physician shortages” in rural and underserved areas.Most ReadWhere does the legal fight stand?A federal judge in Massachusetts ruled the original $100,000 fee “unlawful” in June, finding it “arbitrary and capricious.” The government has appealed, and the fee remains uncollected while that plays out. The Justice Department argues the charge regulates immigration rather than raising revenue, giving the president authority to impose it without Congress.Also read Big US visa change: Trump caps stays for students and journalistsSeparately, the newly proposed $103,265 fee is going through public comment, open until 24 September, and has already drawn more than 5,000 responses.Story continues below this adThe Department of Homeland Security says the new fee would raise $8.8 billion over a decade to fund immigration agencies, courts and vetting systems. Economists are split on whether it would actually raise that much, given how sharply applications fell under the first fee. For now, employers, universities and hospitals, along with millions of Indian workers hoping to build a career in the US, are watching the courts and the comment period closely.AdvertisementLoading Recommendations...AdvertisementLive BlogIndia Women vs Pakistan Women Live Score, Asia Cup 2026: PAKW 47/7 vs INDW, Eyman Fatima run out24 minutes agoWorld News Today Live Updates: US military says it hit three Iranian oil carriers after warships attacked27 minutes agoIndia news Highlights, 4 September 2026: More rain likely in UP as flood situation affects 26 districts5 hours agoMirzapur The Movie Review, Release Live Updates: Pankaj Tripathi, Ravi Kishan-starrer grosses over Rs 29 cr; Karan Johar praises film22 hours agoIndia News Highlights, 3 September 2026| TMC MPs get time till September 22 to respond to defection petition2 days agoAdvertisement