Proposed H-1B Visa Fee Update Clears White House Review

The Department of Homeland Security proposal, identified as RIN 1615-AD20, received clearance from the Office of Information and Regulatory Affairs on Wednesday. The measure is expected to be publicly released soon, but the full text has not yet been published, leaving the proposed fee amounts, affected petition types, and implementation timeline unclear.

The clearance does not mean a new fee is in effect. The rule must be formally published and undergo the federal rulemaking process, including a public comment period, before any changes can take effect. DHS will consider comments before deciding on a final regulation.

The proposal is part of a broader administration effort to overhaul the H-1B program. Last year, DHS imposed a $100,000 fee on certain H-1B workers hired from outside the United States. A separate DHS proposal would revise H-1B eligibility for certain cap exemptions, increase scrutiny of employers with program violations, and strengthen oversight of third-party placements.

For Indian professionals, who have historically accounted for a large share of H-1B beneficiaries, the changes could have significant implications. H-1B workers are heavily represented in the U.S. technology sector, and any increase in petition costs could affect companies that sponsor foreign workers, particularly smaller employers.

The White House review is a procedural step, not the final stage. Once the rule is published, employers, immigration attorneys, and workers will have an opportunity to submit public comments, which DHS must consider before issuing a final regulation.