DHS plans massive hike in H-1B visa fees; skilled South Asian workers to be affected

LOS ANGELES:- The Trump administration is planning to implement new fees targeting the H-1B and F-1 ‘Optional Practical Training’ programs.

According to information published in the ‘Federal Register’ on Monday, the U.S. Department of Homeland Security has released a rule proposing to raise the H-1B visa fee to $103,265. An attempt to implement a similar fee was made last year as well, but it was blocked by the courts.

According to Fragomen, a corporate immigration service provider, if the proposed rules are implemented, they could increase costs for foreign nationals working in the U.S., students transitioning from university to the workforce, and employers sponsoring H-1 workers.

This change is significant for skilled workers of South Asian origin—particularly those from India, Pakistan, Bangladesh, and Nepal—because Indians account for more than 70 percent of H-1B visa recipients. In 2024, U.S. Citizenship and Immigration Services (USCIS) approved 399,402 H-1B applications, with individuals born in India making up 71 percent of the total.

According to a statement by Fragomen, an immigration legal services firm, these proposals have already moved forward from the White House’s Office of Management and Budget.

“The proposed rule regarding OPT fees was submitted to the Office of Management and Budget (OMB) on August 20 and is currently under review. The proposed rule to impose fees on certain H-1B visa applications was also received by the OMB, and the review process for it was completed on August 19,” the information states.

The Department of Homeland Security (DHS) may propose a $100,000 fee for OPT applications. Additionally, there is a possibility that the proposed H-1B fee measure could be linked to the administration’s previously stalled proceedings regarding a $100,000 H-1B application fee.

However, details of these proposals remain confidential and will be officially released at a later date.

H-1B workers could lose the 60-day ‘lifeline’ (grace period)

In addition to new fees, the DHS proposed earlier this month eliminating the 60-day ‘grace period’ granted to unemployed H-1B workers. If this rule is finalized and implemented, they could face a situation where they must leave the U.S. immediately or risk violating the terms of their visa.

Such a move could force affected workers and their dependents to leave the country almost immediately.

If this rule is finalized, it will eliminate the existing 60-day ‘grace period’ for certain workers and their dependents—a provision that currently applies when the employment serving as the basis for their immigration status ends before their authorized period of stay expires.