Beyond proposed $100,000 mandatory filing fee, US plans more rules on H-1B visas

The Donald Trump administration is moving forward with plans to significantly overhaul the H-1B visa programme, aiming to impose stricter rules on how employers can use the visa and who qualifies for it.

Beyond the proposed $100,000 mandatory filing fee, new immigration restrictions are also being considered.

The US Department of Homeland Security (DHS) has listed a proposed rule in its regulatory agenda titled “Reforming the H-1B Nonimmigrant Visa Classification Program.” The proposal includes a range of changes, such as:

Reviewing eligibility for cap exemptions

Increased scrutiny of employers who have violated programme rules

Tighter regulations on third-party placements

Enhanced oversight and compliance mechanisms

According to the DHS, these reforms aim to “improve the integrity of the H-1B program and better protect US workers’ wages and working conditions.”

The proposed rule is expected to be published in December 2025, as per the Federal Register.

Earlier reports indicated the Trump administration is also considering replacing the current H-1B lottery system with a wage-based selection process, favoring higher-paid roles to ensure that only top-tier foreign talent is prioritised.

Why H-1B visa is important

The H-1B visa, established under the 1990 Immigration Act, allows US employers to temporarily hire highly skilled foreign workers in specialty occupations, particularly in science, technology, engineering, and mathematics (STEM) fields. It serves as a key pathway for skilled professionals—especially from India—to work and eventually seek permanent residency in the US

The annual cap is set at 65,000 visas, with an additional 20,000 reserved for individuals with a U.S. master’s degree or higher. These are typically distributed through a lottery system, although certain employers such as universities and nonprofits are exempt from the cap.

According to the Pew Research Center, nearly 75 per cent of H-1B approvals in 2023 were granted to Indian nationals. Since 2012, at least 60 per cent of all approved H-1B applications have been for computer-related occupations. However, the visa is also widely used by sectors like healthcare, finance and academia.

Despite criticism of the programme, research shows that H-1B workers often earn equal or higher wages compared to their American counterparts with similar qualifications. US law mandates that employers must pay H-1B workers the higher of either the actual wage paid to comparable US workers or the prevailing wage in the occupation, in addition to paying government fees exceeding $6,000 in many cases.

If the proposed changes go into effect, they could significantly impact thousands of Indian students and professionals seeking to work in the US.