US President Donald Trump has extended for another year a restriction requiring a $100,000 payment for certain new H-1B workers seeking to enter the US, while separately ordering tighter scrutiny of employers hiring foreign professionals.
The moves could have a massive impact on Indian workers, who account for the largest share of H-1B beneficiaries. According to USCIS data cited in the information provided, people born in India accounted for 71% of approved H-1B petitions in fiscal 2024, compared with 11.7% for China.
The restriction, first introduced in September 2025, has been extended until September 21, 2027. It targets certain H-1B workers outside the US who are seeking entry under a new petition.
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It does not amount to a blanket $100,000 charge on every H-1B filing and does not cover renewals of existing H-1B visas or foreign students already in the US who later move into H-1B status, according to the administration's policy.
However, the payment requirement is currently not being collected. A federal judge in Massachusetts ruled in June that the administration had exceeded its authority in imposing the fee and blocked its collection. The administration appealed, but the First US Circuit Court of Appeals on July 24 declined to pause that ruling.
The Trump administration has argued that the H-1B programme has been misused by employers relying on lower-paid foreign labour, particularly in IT staffing and outsourcing. Business groups and companies, meanwhile, say the programme helps them access highly skilled workers for jobs where they struggle to find qualified US talent.
Trump's latest executive order also directs federal agencies to consider an employer's recent or planned layoffs of similarly situated US workers when reviewing H-1B applications. It calls for greater coordination and data sharing between agencies overseeing the programme.
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For Indian professionals, the changes could mean greater scrutiny and uncertainty around US-based opportunities. The Foundation for India and Indian Diaspora Studies (FIIDS) has backed tighter H-1B scrutiny, while stressing that it should not come at the cost of American innovation.
The Department of Homeland Security secretary can also exempt individual workers, employers or entire industries where hiring is deemed to be in the US national interest.
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