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What is H-1B Visa? Eligibility, New Fee, Duration, & Exemptions | All You Need To Know

US brings $100,000 fee on H-1B visas. Know what H-1B is, who can apply, duration, exemptions, and why India will be most affected.

Published By: Neerja Mishra
Last Updated: September 21, 2025 12:36:41 IST

The H-1B visa is one of the most popular work visas for the United States, and it has returned to the news because US President Trump has announced a $100,000 yearly fee for both new H-1B visas and renewals.

The new rule will be effective from September 21, 2025, and the aim is to reduce the hiring of cheaper foreign workers and protect American jobs. Since most H-1B visas are awarded to Indians, the change will affect India’s tech industry more significantly.

What is H-1B Visa?

The H-1B visa lets US companies hire skilled workers from other countries for jobs that need special knowledge. These jobs usually need a bachelor’s degree or higher. Most of them are in IT, engineering, finance, medicine, and research.

To apply, the US employer must file a petition with the immigration authority (USCIS). The company also has to prove that the worker will be paid fairly and that hiring them will not harm US workers.

Once approved, the employee can work legally in the US for that company. The visa is linked to the employer, which means you cannot freely switch jobs unless a new employer sponsors you.

ALSO READ: Trump’s 100K USD H-1B Fee Rule Explained: What It Means for Indians Abroad

Who All Can Apply for an H-1B Visa?

To get an H-1B, you must have a job offer from a US company in a role that requires special skills. You should have at least a bachelor’s degree in that field, or equivalent work experience.

Employers must also prove that hiring you does not take away jobs from US workers. Most H-1B visa holders are IT experts, engineers, doctors, scientists, accountants, and researchers. The program is meant to bring skilled people into the US where local talent is not enough.

What is the Fee for H-1B Visa?

Earlier, H-1B costs included filing charges, a fraud prevention fee, and optional fast processing. Now, under the new rule, companies must pay $100,000 per year for every H-1B visa — whether it is for a new worker or a renewal. This is in addition to existing fees. Experts say the high cost may discourage smaller companies from applying.

ALSO READ: H-1B Was Just the First Punch, The ‘HIRE Act’ Tax Threat Hanging Over Indian Tech ?

Validity, Duration, and Extensions

The H-1B visa is usually valid for three years, but it can then be extended for another three years, making a total of six years. In some cases, workers applying for a US green card can extend the visa beyond six years. The H-1B also allows “dual intent,” meaning you can apply for permanent residency while working on this visa.

Why is it Trending?

The new fee is very high and has started a big debate. Supporters say it will save American jobs, but critics say it will affect US companies that depend on global talent. Because many tech giants rely on Indian professionals under H-1B, the change is expected to affect both industries and individuals worldwide.

On September 19, 2025, President Donald Trump signed the order to impose the fee. It will apply from September 21, 2025. The announcement has already caused concern among US tech firms and Indian outsourcing companies. Many believe the decision is linked to political messaging ahead of the US elections.

ALSO READ: ‘There is no need to rush back’: US Official Clarifies H-1B Visa Rules, Eases Panic

Who Will Be Exempted from H-1B Visa Fee?

Reports suggest that people working in healthcare and engineering may not have to pay the new $100,000 fee. Petitions filed before September 21 will also not be affected. But official guidelines from USCIS are still awaited.

How Will It Affect India?

India is the largest user of the H-1B program. In 2024, about 70–75% of H-1B visas went to Indians. The new fee will raise costs for Indian IT companies like Infosys, TCS, and Wipro, which send thousands of workers to the US every year.

Clients may also avoid taking on these extra costs. Families and dependents of visa holders may face more uncertainty, and many professionals may rethink long-term career plans in the US. 

ALSO READ: From H-1B Visa Fee Hike to Microsoft, Amazon Advisory: How Indians Are Affected | All You Need to Know

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The Daily Guardian is India’s fastest growing News channel and enjoy highest viewership and highest time spent amongst educated urban Indians.

© Copyright ITV Network Ltd 2025. All right reserved.