What is H-1B Visa: Understanding the Fundamentals

The H-1B visa is a temporary, employment-based visa that allows U.S. companies to hire foreign nationals with specialized skills for up to six years. An H-1B visa is a temporary, employment-based visa that allows U.S. companies to sponsor workers in "specialty occupations" requiring at least a bachelor's degree.

H-1B Visa Meaning and Purpose

The H-1B visa means access to America's top talent pool for employers and career opportunities in the United States for skilled foreign professionals. H-1B visas allow companies to sponsor foreign workers with specialised skills – such as scientists, engineers, and computer programmers – to work in the US, initially for three years, but extendable to six years.

The program was designed to help U.S. companies fill critical skill gaps, particularly in technology, healthcare, and engineering sectors. Congress caps new H-1B visas at 85,000 per fiscal year, including 20,000 for noncitizens who earned advanced degrees.

Trump H-1B Visa Policy: The $100,000 Game Changer

Trump H-1B News: Latest Developments

President Donald Trump signed an executive action on Friday to impose a $100,000 application fee for H-1B visas — in an effort to curb what his administration says is overuse of the program. This represents the most significant change to the H-1B system since its inception.

The Trump H-1B policy announcement came with additional measures, including a new "gold card" program for wealthy immigrants. The "Trump Gold Card" is a visa program that allows foreign nationals permanent residency and a pathway to U.S. citizenship for a $1 million investment in the United States.

Trump News Impact on H-1B Applications

The new policy has sent shockwaves through the tech industry. The additional charge would impact employers including technology giants such as Amazon, IBM, Microsoft and Google, which have relied on the program to hire foreign workers.

Major companies are already advising their H-1B employees to remain in the United States following the announcement. Following the White House's announcement, major US tech firms Microsoft, JPMorgan and Amazon advised employees holding H-1B visas to remain in the US, according to internal emails reviewed by the Reuters news agency.

H-1B Visa Fees: Old vs New Structure

Current H-1B Visa Fees 2024

Before the recent changes, the H-1B visa fees were relatively modest compared to the new structure. Here's what employers currently pay:

Required Fees:

• H-1B Registration Fee: The sponsor must pay the H1B electronic registration fee for each new cap-subject petition, which is currently set at $215 per beneficiary.

• Base Filing Fee: The filing fee is $460 for small employers and nonprofits.

• ACWIA Training Fee: For employers who have 1-25 full-time workers, the fee is $750. For employers with 26 or more full-time employees, the fee is $1,500.

• Fraud Prevention Fee: This $500 fee applies to new H-1B petitioners or those changing employers.

Additional Fees for Large Employers:

• Public Law 114-113 Fee: This fee is paid by companies with more than 50 employees, where over half of those are employed through the H1B or L1 visa routes. The fee is $4,000 and this must be paid by the employer.

H-1B Visa Fees Old vs New: The $100,000 Impact

The contrast between old and new fee structures is dramatic:

Previous Total Costs: $2,030 to $8,810 (depending on company size) New Additional Fee: $100,000 per year

"We need great workers, and this pretty much ensures that that's what's going to happen," Trump said from the Oval Office, where officials detailed how the measure would incentivize companies to employ American workers while still providing a pathway to hire highly skilled foreign workers in specialized fields.

H-1B Fees: Understanding the New Structure

The current H-1B visa fees now include the traditional costs plus the new $100,000 annual fee. Under the current system, H-1B applicants pay a small fee to enter a lottery and, if selected, subsequent fees that can amount to several thousand dollars, depending on the case.

Optional Premium Processing: Premium Processing (Optional): This service is available to expedite the H-1B visa process in a 15-day time frame for $2,805.

US H-1B Visa News: Market Response and Industry Impact

Stock Market Reactions

The announcement has already impacted publicly traded companies that rely heavily on H-1B workers. Shares of Cognizant Technology Solutions Corp CTSH.O, an IT services company that relies extensively on H-1B visa holders, as well as U.S.-listed shares of Indian tech firms Infosys INFY.K and Wipro WIT.N closed between 2% and 5% lower.

Global Response

India's Concerns: India's leading trade body Nasscom said the one-day timeline for implementing the H-1B visa fee was a matter of "concern". As India was the largest beneficiary of H-1B visas last year, accounting for 71 percent of approved beneficiaries. China was a distant second at 11.7 percent, according to government data.

H-1B News: Program Statistics and Trends

Current H-1B Visa Usage

We have now received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master's cap, for fiscal year 2026.

Recent Registration Trends: The number of eligible registrations was also dramatically lower for FY 2026 (343,981) compared with FY 2025 (470,342) — a 26.9% reduction.

Top H-1B Employers

This year, Amazon was by far the top recipient of H-1B visas, with more than 10,000 awarded. The company was followed by Tata Consultancy, Microsoft, Apple and Google.

H-1B Visa Fee Analysis: What This Means for Different Stakeholders

Impact on Startups vs. Large Corporations

The new fee structure will disproportionately affect different types of employers:

Large Tech Companies: May absorb the costs but will likely become more selective Startups and Small Companies: Face significant barriers to hiring international talent Consulting Firms: Traditional H-1B sponsors like Infosys and TCS face major cost increases

Flight of Talent Concerns

Industry experts worry about potential talent migration to other countries. "The second impact will further decrease the number of international students who have an interest in coming to study in the U.S. If there's no opportunity work in the U.S., it's much less likely they'll enroll in U.S. programs," Anderson told CBS News.

What is H-1B Visa in USA: Legal Challenges and Future Outlook

Potential Legal Issues

The legality of the new fee structure faces scrutiny. "Congress has only authorized the government to set fees to recover the cost of adjudicating an application," Aaron Reichlin-Melnick, policy director of the American Immigration Council, wrote on Blue Sky.

Alternative Visa Options

For those affected by H-1B changes, alternative pathways exist:

• O-1 visas for extraordinary ability

• EB-1A for outstanding researchers

• Cap-exempt H-1B positions at universities and research institutions

H-1B Visa Transfer and Extension Implications

Transfer Costs Under New Rules

The H-1B transfer costs between $2,030 and $8,810 depending on how many total employees you have and if more than half are in H-1B, L-1A, or L-1B immigration status, as of September 2025. With the new fee, transfers will now cost significantly more.

Extension Considerations

To extend an H-1B visa, the employer must file Form I-129 before the current visa expires, accompanied by documents proving the ongoing need for the employee's role, their maintained eligibility, and the specialty nature of the job.

Conclusion: The New H-1B Landscape

The Trump administration's $100,000 H-1B fee represents a fundamental shift in U.S. immigration policy for skilled workers. While supporters argue it will protect American jobs and ensure only the most valuable foreign workers are hired, critics worry about America's competitiveness in attracting global talent.

The program that once served as a bridge for international talent to contribute to American innovation now faces an uncertain future. Companies, workers, and policymakers will need to navigate this new landscape carefully as the full implications of these changes become clear.

For those currently in the H-1B system or considering it, staying informed about ongoing developments and exploring alternative pathways will be crucial in the months ahead.