Are more H-1B restrictions coming after $100,000 visa fee? Here’s what Trump’s new plan means for Indians

The Donald Trump administration is preparing another major overhaul of the H-1B visa programme, raising new concerns among Indian professionals who make up a large share of its recipients. Following the shock announcement of a $100,000 mandatory application fee, the US government is now working on new regulations that could make the visa process even tougher for both applicants and employers.

The proposed regulation, titled “Reforming the H-1B Nonimmigrant Visa Classification Program,” has been listed in the Federal Register and is expected to be formally published by December 2025. According to the Department of Homeland Security (DHS), the new framework is designed “to improve the integrity of the H-1B nonimmigrant program and better protect US workers’ wages and working conditions.”

Narrowing who qualifies

One of the most significant proposed changes is to the long-standing exemptions from the annual H-1B cap. Currently, universities, their affiliated non-profit entities, non-profit research organisations, hospitals, and government research bodies are excluded from the yearly limit. The DHS now intends to tighten these exemptions, meaning that fewer institutions could qualify in the future. This change could reduce opportunities for foreign professionals, especially in academia and research.

Stricter oversight of employers

The Trump administration also plans to step up scrutiny of employers who have previously violated labour or wage rules. DHS said it would expand oversight of such companies to ensure compliance and prevent exploitation. The move is being framed as a measure to “protect American workers,” but experts warn it could increase the bureaucratic burden on legitimate firms that rely on global talent.

Another target of the new regulation is staffing and consulting firms that place H-1B workers at client sites, a common practice in the technology and IT services sectors. DHS plans to impose tighter documentation and monitoring requirements on these third-party placements, effectively discouraging the model that has long been a cornerstone of Indian IT companies operating in the United States.

Redefining the “specialty occupation”

The proposal also seeks to refine the definition of what qualifies as a “specialty occupation,” a key eligibility criterion for H-1B visas. The draft rule explains, “The specialty occupation definition also clarifies that although the position may allow for a range of qualifying degree fields, each of the fields must be directly related to the duties of the position.”

This narrower definition could mean that candidates with degrees not closely tied to the job’s specific functions would no longer qualify, closing a loophole that some companies have used to hire workers with more general academic backgrounds.

Limits on green card alternatives

The reform package also hints at restricting other employment-based immigration routes, such as the O-1 visa for individuals with “extraordinary ability” and national interest waivers for highly skilled professionals. These additional barriers would further limit the ability of foreign workers to transition to long-term residency in the United States.

Trump’s case for the $100,000 fee

Donald Trump had already set off alarm bells in September when he signed a proclamation introducing a $100,000 (around ₹88 lakh) application fee for new H-1B filings made from outside the United States. Defending the measure, Trump said it would protect American jobs by ensuring that companies only hire from abroad when absolutely necessary.

“We need workers, we need great workers, and this pretty much ensures that that’s going to happen,” Trump said, arguing that the rule would make employers “think twice before hiring abroad simply because it’s cheaper.” He added that the policy would make companies bring in foreign talent “only when no qualified domestic candidates are available.”

Following a backlash from businesses and visa holders, the administration later clarified that the hefty $100,000 fee would apply only to first-time applicants from outside the US. Those already living or working in the country, including renewals and returning visa holders, would not be affected.

New “gold” and “platinum” cards for the wealthy

Even as the administration tightens rules for skilled workers, it has opened alternative pathways for the wealthy. Trump earlier announced two new immigration options -- the “Gold Card” and “Platinum Card” programmes -- which would allow affluent investors to gain long-term residency by making large financial contributions to the US economy.

Trump said these programmes would attract investment and create jobs while maintaining “tight controls on employment-based visas.” Critics argue that the dual approach reflects a clear preference for capital over talent, potentially hurting sectors like technology and healthcare that rely heavily on H-1B professionals.

Impact on Indian workers

If implemented, the upcoming reforms could have a major impact on thousands of Indian professionals who depend on the H-1B route to work in the United States. The combination of higher fees, stricter eligibility criteria, and increased oversight is likely to make the process significantly harder for both applicants and employers.

The proposed regulation represents one of the most sweeping attempts yet to reshape America’s skilled immigration system. For Indian tech workers and students, the message from Washington appears clear: the door is still open, but it is getting narrower, and far more expensive, to walk through.