The Trump administration has continued to tighten the rules governing the H-1B visa system, making the entire process harder for both American employers and foreign professionals. In addition to imposing a steep petition fee on US companies, the administration has introduced new requirements that make it more difficult for foreign workers to qualify for H-1B visas.
The latest changes pose new hurdles for highly skilled workers planning to move to the US on an H-1B visa. From December 15, every H-1B applicant must comply with the government’s newly mandated “online presence review”.
What the New H-1B visa Vetting Rule Involves
The US government has now implemented stricter background checks for people applying for H-1B visas and for their H-4 dependents. Under this rule, every applicant must make their social media accounts visible to the public so visa officers can thoroughly assess their online activity.
Order released on Wednesday, Under the updated rule, H-1B applicants, their dependents, and all holders of F, M, and J visas must change their privacy settings to “public” across every social media profile.
The H-1B programme allows US employers to hire foreign workers for specialised jobs that require at least a bachelor’s degree relevant to the role. H-4 dependent spouses who can apply for work authorisation through Form I-765—must also make their social media profiles publicly accessible.
The State Department says it uses all available data during the vetting process to identify applicants who are inadmissible, particularly those who could endanger national security or public safety.
Screening for student and exchange visitor visas (F, M, and J categories) already includes checking an applicant’s internet activity. This process will now apply to every H-1B candidate as well.
Consular officials will look for signs of extremist views, including antisemitic posts, associations with terror organisations, or anti-American sentiment. Popular platforms such as Twitter, Facebook, Instagram, and TikTok are among the sites that will be reviewed.
The New $100,000 H-1B Petition Fee
Another significant change came through a proclamation issued by President Trump, requiring US employers to pay a $100,000 petition fee before hiring foreign workers on an H-1B visa. This fee will apply to companies entering the 2026 H-1B lottery and to all H-1B petitions filed after September 21, 2025.
However, the US government has clarified that the new fee does not apply to:
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Current F-1 students already in the US
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Existing H-1B holders in the US
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H-1B petitions filed before September 21, 2025
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H-1B extension applications
H-1B status typically lasts for three years and can be extended for another three years, allowing a total stay of up to six years.
For F-1 students planning to shift to H-1B status, the employer must submit a petition under the new rules. US law permits non-immigrants—like F-1 students on OPT—to change their status and apply for H-1B sponsorship.
Jaishankar’s Statement on the Updated H-1B Rules
External Affairs Minister S. Jaishankar, addressing the issue in Parliament, explained that every country has the authority to determine how its visa system works. As he said, “The issuance of visas is a sovereign right of a government,” according to report.
He noted that the US has made its stance clear: “In the case of the United States, the US government has taken a view… that every visa adjudication is a national security decision.” He added that Washington makes visa decisions based on “their assessment of the national security implications of a particular individual’s position.”
Jaishankar also pointed out that the US has openly declared its intention to inspect applicants’ online activity.
Regarding whether India had raised concerns with the US, he confirmed that it had. He said, “Wherever it came to our attention… the consulates and embassies have intervened where possible,” and added that India has asked the US to ensure that minor errors do not lead to harsh actions.
Broader Immigration Crackdown Under Trump Administrattion
These new measures are part of a larger pattern of tougher immigration policies under President Donald Trump. His administration has often criticised what it describes as abuse of the H-1B system, which is heavily used by US tech employers.
In September, he issued an order titled Restriction on Entry of Certain Nonimmigrant Workers, which introduced the one-time $100,000 H-1B fee. This decision is expected to significantly affect Indian professionals hoping to work in the US.
Additionally, the US has stopped processing several immigration applications including Green Cards and naturalisation requests from nationals of 19 “countries of concern.” This came after a shooting involving an Afghan man.
A USCIS memo issued on Tuesday instructed officials to immediately “place on hold” all asylum cases until a complete review is done. The pause affects nationals from countries previously included in the US travel ban, such as Afghanistan, Burma, Congo, Cuba, Eritrea, Iran, Libya, Somalia, Sudan, Yemen, Venezuela, and others.
This action followed a shooting in Washington, D.C., in which US Army Specialist Sarah Beckstrom (20) was killed and US Air Force Staff Sgt Andrew Wolfe (24) was critically injured. The suspect, 29-year-old Lakanwal, entered the US through Operation Allies Welcome, a programme created to assist Afghans who escaped after the Taliban seized power in 2021.
Also Read: H-1B Visa Shift: LTIMindtree CEO Says Firm Will ‘Hire Locally,’ Stops New Sponsorships
