The United States has announced a new annual fee of USD 100,000 on every H-1B visa application, a move that has sent shockwaves across the global tech and outsourcing industries. With India raising strong concerns over the potential disruption to families, skilled workers, and cross-border business operations, this development is more than a headline—it’s a legal and economic earthquake.
The H-1B visa allows U.S. companies to hire foreign workers in specialty occupations such as technology, engineering, and finance. It is a lifeline for global talent mobility and a critical pipeline for Indian IT companies like Infosys, TCS, and Wipro, which place thousands of skilled professionals in the U.S. every year.
https://www.dol.gov/agencies/whd/immigration/h1b
The new policy proposes an annual fee of $100,000 per H-1B visa, payable by employers. Currently, the standard filing fee for an H-1B petition ranges from about $1,700 to $6,000, depending on company size and other factors.
This dramatic increase—over 15 times the current maximum fee—is aimed at discouraging excessive reliance on foreign workers and encouraging domestic hiring.
Further reading : https://www.bbc.com/news/articles/cm2zk4l8g26o.amp
This policy raises several important legal issues:
Immigration fees are generally set through legislative or administrative rulemaking.
Further readings and Key updates : https://www.politico.com/news/2025/09/20/donald-trump-h1b-visas-overhaul-00574345; see past consequences - https://www.forbes.com/sites/stuartanderson/2020/10/20/two-more-major-lawsuits-filed-against-trump-h-1b-visa-restrictions/
The fee could violate bilateral trade agreements or be challenged at the World Trade Organization (WTO) as a trade barrier.