Trump administration plans higher fees for H-1B, L-1 visa renewals; Indians likely to be hit hard

PTC News Desk: The Trump administration is making H-1B regime tougher by expanding an additional visa fee for extending existing visas. The proposed US rule could significantly increase costs for companies that want to keep foreign workers on H-1B and L-1 visas, especially Indian professionals, who received most H-1B visa extensions in 2025.

The move comes after a US federal appeals court last month refused to block a lower court order that struck down the Trump administration's proposed $100,000 fee on new H-1B visas.

"The 9-11 Response and Biometric Entry-Exit Fees for H-1B and L-1 Visas (9-11 Response Fees) are fees paid by certain employers of H-1B and L non-immigrant workers. To implement Public Law 114-113, DHS is amending and clarifying the regulations to specify that the 9-11 Response Fees will apply to all H-1B and L-1 extension petitions in addition to all previously covered H-1B and L-1 petitions," the rule item read.

The new proposal was first released by the US Department of Homeland Security and Customs and Border Protection in June 2024. It is now listed in the Trump administration's 2026 regulatory agenda, with a final decision expected in the coming weeks.

If approved, certain employers would have to pay the "9-11 Response and Biometric Entry-Exit Fee" not only for new H-1B and L-1 visa applications or change-of-employer petitions, but also every time they apply to extend the stay of existing employees.

At present, this fee applies only to new H-1B or L-1 petitions and when workers switch employers.

The proposal targets companies with 50 or more employees in the US where at least half the workforce is on H-1B or L-1 visas. These employers currently pay an additional $4,000 for new H-1B petitions and $4,500 for new L-1 petitions. Under the proposed rule, they would also have to pay these fees for visa renewal applications.

The change is expected to affect companies that employ large numbers of Indian professionals, especially in the technology sector.

According to the US Citizenship and Immigration Services (USCIS), 406,348 H-1B petitions were approved in the 2025 financial year. Of these, 291,542 (about 72%) were for workers already employed in the US. Indians received 226,359 of these approvals, making up nearly 78% of all H-1B extensions.

If the proposal is approved, employers with large Indian workforces could face much higher costs to retain skilled employees. The rule would also increase expenses for multinational companies renewing L-1 visas, which are used to transfer executives, managers and specialised employees from overseas offices to the US.