US midterm outcome could shape H-1B policy; proposed $100,000 fee on new H-1B applications blocked by district judge
Key points
- The proposed $100,000 fee on new H-1B applications has been blocked by a US district judge
- The midterm election outcome will determine congressional control for the rest of Trump's term and could affect his immigration agenda
- India-born beneficiaries accounted for 69.9% of approved H-1B petitions in fiscal 2025 (USCIS data)
The US midterm elections held on November 3 will determine congressional control for the rest of Trump's term, which could affect his immigration agenda, including the proposed $100,000 fee on new H-1B applications. USCIS data show India-born beneficiaries accounted for 69.9% of approved H-1B petitions in fiscal 2025. Per Reuters, a US district judge blocked the fee's implementation.
What employers should do
- Monitor the court proceedings on the new H-1B application fee and the policy's next steps; adjust hiring and visa planning budgets accordingly
- Review the timing of existing H-1B employees and new applications to allow a buffer for possible policy changes
Policy details
- Jurisdiction
- Federal
- Status
- Enjoined by court
- Effective date
- —
- Employers covered
- Employers filing new H-1B applications
- Official source
- Official source pending
Original report: News Mobile ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.