A new Trump administration proposal that could change fees associated with H-1B worker petitions has cleared a key White House review, moving the measure closer to public release and adding another potential change to a visa program heavily used by Indian professionals.
The Department of Homeland Security proposal received clearance from the Office of Information and Regulatory Affairs on Wednesday, according to Bloomberg Law. The proposal is identified as RIN 1615-AD20 and is expected to be publicly released soon.
The development is significant for Indian nationals and Indian Americans working in technology, engineering, healthcare and other specialized fields because the H-1B program remains an important pathway for skilled foreign workers to build careers in the United States.
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Details of new fee proposal remain unclear
The proposal concerns petition fees for certain H-1B workers. However, the full regulation has not yet been publicly released, meaning the proposed fee amounts, which employers or petitions would be covered and when any changes could take effect are not yet clear.
The proposal’s clearance by OIRA does not mean a new fee is currently in effect. The measure must still be formally published and go through the federal rulemaking process before any new requirements can take effect.
The development comes as the Trump administration pursues a broader overhaul of the H-1B system.
Bloomberg Law reported that DHS is advancing the proposal amid several administration initiatives targeting the H-1B program, including a $100,000 fee imposed last year on certain H-1B workers hired from outside the United States.
Another H-1B change under consideration
The administration is also pursuing broader changes to the H-1B program.
A separate DHS proposal listed by the federal government’s regulatory database would revise H-1B eligibility for certain cap exemptions, increase scrutiny of employers that have violated program requirements and strengthen oversight of third-party placements. The proposal is intended to improve program integrity and protect U.S. workers’ wages and working conditions.
For Indian professionals, the changes could have implications beyond the visa application itself. H-1B workers are heavily represented in the U.S. technology sector, while Indian nationals have historically accounted for a large share of H-1B beneficiaries.
Any increase in petition-related costs could also affect companies that sponsor foreign workers, particularly smaller employers that rely on specialized talent.
The latest proposal follows a series of changes to immigration-related fees. In 2024, DHS implemented a broader USCIS fee rule that changed fees across several immigration categories, including H-1B-related filings and registration requirements.
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What happens next
The White House review is an important procedural step, but it is not the final stage.
Once DHS publishes the proposed rule, employers, immigration attorneys, workers and other stakeholders are expected to have an opportunity to submit public comments. DHS would then consider those comments before deciding whether to issue a final regulation.
For H-1B workers and employers, the immediate takeaway is that no new fee under this proposal has taken effect yet. But the proposal signals that the administration’s efforts to reshape the H-1B program are continuing, with additional costs and stricter requirements potentially on the table for employers and foreign professionals.