Indian H-1B applicants face $100,000 fees and wage-weighted lottery under new US rules

US Secretary of State Marco Rubio said the Trump administration's tighter H-1B work visa rules are not directed at India, even though Indian professionals are among those most affected. In an interview with India Today TV on Thursday, he said the changes apply to every country as Washington overhauls its immigration system.

Key facts

• Rubio said the measures are global, not aimed at India
• US Ambassador to India Sergio Gor backed the same position
• Entry restrictions for certain new petitions filed outside the US run through September 2027
• A USD 100,000 fee applies to certain new petitions filed from outside the US
• Previously approved H-1B extensions now face reassessment on their merits

What has changed for H-1B applicants?

The United States has removed the "deference policy" for visa renewals, so previously approved H-1B extensions are now reassessed on their own merits. The source says this raises the risk of delays and denials for Indian nationals already working in the country.

For new applicants filing from outside the US, entry restrictions have been extended through September 2027, keeping a USD 100,000 fee requirement for certain new petitions. A shift to a wage-weighted lottery that favours higher-paying roles has also been introduced, alongside an executive order intensifying scrutiny of employers that have recently carried out layoffs.

Who is affected?

The H-1B programme lets American employers hire foreign professionals in specialised occupations. Indian nationals make up a substantial share of H-1B holders, so the changes are particularly consequential for Indian technology workers, professionals and companies that rely on overseas talent, the source notes.

Why is this happening?

Rubio said the US has had a broken immigration system and that business-related immigration programmes have seen fraud and abuse. He said the measures apply to any country and are not geared towards India.

US Ambassador to India Sergio Gor, who took part in the same interview, said the changes affecting India were part of a broader reset of the US immigration system rather than measures aimed at one country. He said the US needed to reassess its policies after years of inadequate border controls.

What this means for travellers

Indian professionals and employers planning H-1B petitions should factor in reassessment of renewals, the fee for certain petitions filed from outside the US and the wage-weighted lottery. Rubio said differences over immigration and trade can be addressed through the two countries' longstanding relationship.

No further changes or dates beyond those listed have been announced in the source.