Indian professionals working in the US could face indirect challenges after the Department of Homeland Security expanded an existing immigration fee for certain employers.
The new rule, published on August 10, 2026, will take effect on September 9. It does not increase the fee but expands when it must be paid.
Who Will Pay?
The $4,000 H-1B fee and $4,500 L-1 fee will apply to employers that meet the “50-50” rule. These companies must have at least 50 US employees, with more than half of their workforce holding H-1B or L-1 status.
Previously, covered employers generally paid the fee for certain initial petitions and employer-change cases. Petitions requesting an extension of an employee’s stay are now covered under the rule.
Impact on Indian Workers
The change could matter especially to Indian professionals because they make up the largest share of H-1B beneficiaries. USCIS data shows that Indians accounted for about 71% of approved H-1B petitions in fiscal year 2024.
The immediate financial responsibility remains with the employer, not the employee. However, companies with large numbers of foreign workers could face significant additional costs when extending visas.
This could influence decisions on hiring, sponsorship and employee retention, particularly among large technology, consulting and IT services companies.
Different From the $100,000 H-1B Fee
The new charges should not be confused with the separate $100,000 H-1B fee announced by the Trump administration.
The $4,000 H-1B and $4,500 L-1 charges are linked to the existing 9-11 Response and Biometric Entry-Exit Fee. They will apply only when the employer and petition meet the conditions set by the new rule.
The change therefore does not mean every H-1B or L-1 extension will automatically incur these fees.