Washington, D.C.: The Donald Trump administration is preparing to introduce new rules that could significantly increase the cost of extending H-1B and L-1 work visas, a move expected to raise expenses for major American companies employing large numbers of foreign professionals, particularly from India.
According to the US Department of Homeland Security’s regulatory agenda, the proposed rule would expand the applicability of the “9/11 Response and Biometric Entry-Exit Fee” to include visa extension petitions. At present, the additional fee is imposed only when companies file an initial H-1B or L-1 petition or when an employee changes employers.
If implemented, employers meeting specific workforce criteria—those with more than 50 employees, over half of whom hold H-1B or L-1 visas—would also have to pay the surcharge every time they seek to renew these work visas. The existing additional charges stand at $4,000 for H-1B petitions and $4,500 for L-1 petitions.
Proposal Follows Court Setback
The latest proposal comes shortly after the administration faced a legal hurdle when a federal appeals court declined to suspend a lower court’s decision striking down a proposed $100,000 fee on new H-1B visa applications. Following that setback, the administration appears to be exploring alternative measures to increase immigration-related charges.
Indian Professionals Could Be Among the Most Affected
The proposed changes are expected to have a substantial impact on Indian professionals, who account for the majority of H-1B visa renewals in the United States.
US Citizenship and Immigration Services (USCIS) data for fiscal year 2025 shows that 406,685 H-1B petitions were approved. Of these, 291,542 approvals—around 71 per cent—were for continuing employment rather than new applicants.
Indian nationals received 226,359 of those extension approvals, representing nearly 78 per cent of all H-1B renewals, making them the largest group likely to be affected if the new fee structure is introduced.
Major Technology Companies May Face Higher Costs
The proposal could also increase operating costs for leading technology firms and multinational corporations that rely heavily on skilled foreign workers. Companies such as Amazon, Tata Consultancy Services (TCS), Microsoft, Meta, Apple, and Google are among the largest users of H-1B visas for continuing employment.
L-1 visas, commonly used by multinational firms to transfer executives, managers and employees with specialised expertise to their US offices, would also come under the expanded fee requirement.
The proposed regulation has yet to be finalised, but if approved, it would add another layer of cost for employers seeking to retain skilled international talent in the United States.
