The Trump administration is moving ahead with another potential six-figure fee affecting the H-1B visa system, with a Department of Homeland Security (DHS) proposal having cleared a key White House regulatory review, according to Bloomberg Law.
The proposal, identified as RIN 1615-AD20 and titled "Fee for Certain H-1B Petitions", was cleared by the White House Office of Information and Regulatory Affairs (OIRA) on August 19. The measure is classified as a major, economically significant proposed rule, with businesses listed among the affected entities.
However, the full details of the proposal have not yet been made public. It remains unclear which H-1B petitions would be covered, the exact fee structure and whether the proposal would overlap with the separate $100,000 charge introduced by President Donald Trump last year for certain H-1B workers hired from outside the US.
The development comes as the administration continues to tighten the H-1B programme, which is widely used by US technology companies to recruit foreign professionals for specialised roles. Indian professionals and Indian IT companies have historically accounted for a significant share of H-1B beneficiaries, making changes to the programme particularly important for the industry.
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Trump imposed a $100,000 fee last year on certain new H-1B workers hired from outside the US. That policy has faced significant legal challenges.
A federal judge in Massachusetts ruled in June that the fee exceeded the president's authority, while the US Court of Appeals for the First Circuit in July declined to stay the decision overturning the fee. Separate legal challenges remain pending in other courts.
The newly cleared DHS proposal is separate from that presidential proclamation. Bloomberg Law reported that the administration is advancing the new regulation amid broader efforts to increase costs and tighten requirements for employers using the H-1B programme. The latest proposal follows other measures that have already increased the cost of employing foreign workers.
Earlier this month, DHS finalised rules adding a $4,000 biometric screening fee to certain H-1B extension-of-stay applications and a $4,500 fee for certain L-1 intracompany transfer requests. The new charges are scheduled to take effect on September 9.
The administration has also pursued changes to wage requirements for H-1B workers and other measures aimed at reshaping the programme.
The cumulative impact could be significant for companies that rely heavily on foreign skilled workers, particularly technology, consulting and engineering firms. Higher immigration costs could influence hiring decisions, sponsorship strategies and the location of skilled-worker talent.
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