The White House cleared a Department of Homeland Security (DHS) proposal regarding certain fee submissions for H-1B visa applications on Wednesday (US time). The Office of Information and Regulatory Affairs’ approval of the plan (RIN:1615-AD20) brings it closer to public release and implementation soon.
Trump administration seemingly pushes for new H-1B fee
Further details about the proposed rule, titled “Fee for Certain H-1B Petitions,” are still under wraps. An official US government website simply mentions “OIRA Conclusion of EO 12866 Regulatory Review” on its status tracker webpage. Leaving the publication date section empty, it flags “businesses” as “small entities affected” by the DHS / USCIS proposal.
While little is known about how this proposed H-1B worker fee will impact visa petitioners, it appears to be one of the Trump administration’s many attempts to overhaul the ‘specialty occupations’ non-immigrant visa category heavily used by tech companies in the United States. Official US government data confirms that Indians have dominated over 70% of H-1B visa approvals in recent years.
The new DHS proposal about a fee targeting certain H-1B petitions comes after a June ruling notably struck down the $100,000 fee President Trump imposed on new H-1B work visas in September 2025. US District Judge Leo Sorokin, appointed by Barack Obama, concluded that the blanket fee announced last year constituted an unlawful tax that the US Congress never authorised.
The judge further stated that the MAGA leader’s proclamation lacked any backing from Congress, so the US State Department and US Citizenship and Immigration Services (USCIS) couldn’t implement it.
Another development tied to the H-1B visa involves Homeland Security amending regulations concerning the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 visas. The changes will correct the interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, irrespective of whether the related fraud prevention and detection fee applies, including even the extension of status petitions that don’t involve a change of employer, according to the official US Federal Register website.
As explained on the immigration firm Fragomen’s website, the 9-11 response fee applies only to employers with 50 or more employees in the US if more than 50% are H-1B or L-1 non-immigrant status.
The current situation requires these employers to include the additional $4,000 for H-1B or $4,500 fee for L-1 petitions only when a separate fraud prevention and detection fee is also required. The new rule, effective September 6, 2026, expands this interpretation.
Disclaimer: This article is intended for informational purposes only and is based on publicly available immigration guidance. Rules and deadlines are subject to change; readers should verify current requirements directly with USCIS or consult a qualified immigration attorney before making decisions based on this information. Financial Express is not responsible for any decisions made based on this information.