Just six weeks after President Donald Trump ordered a dramatic hike in H-1B visa fees, the US Citizenship and Immigration Services (USCIS) has begun issuing Requests for Evidence (RFEs) asking petitioners to remit the unprecedented US $100,000 charge. Times of India reports that RFEs dated 10 November are landing even in cases—such as recapture petitions—where the fee may not legally apply.
Immigration lawyers say the agency’s guidance, released only on 20 October, is riddled with ambiguities that adjudicators appear to be interpreting broadly. The confusion is acute for Indian-headquartered IT services firms, which collectively account for about 70 percent of H-1B beneficiaries. Several have already instructed US subsidiaries to set aside contingency funds or to pause non-critical transfers until litigation clarifies the fee’s scope.
![USCIS Starts Demanding New $100,000 H-1B Fee, Triggering Wave of RFEs for Indian Employers]()
The US Chamber of Commerce and multiple advocacy groups have filed suit in federal court, arguing that the surcharge violates Section 212(f) of the Immigration and Nationality Act and places an unlawful financial burden on employers rather than visa beneficiaries. Early legal briefs warn of a chilling effect on US innovation and urge an injunction before the FY 2027 cap season opens in March 2026.
For Indian professionals awaiting approval, the new levy could translate into delayed start dates or contract renegotiations as employers reassess staffing costs. Global mobility managers should review ongoing petitions, prepare to respond to RFEs with evidence of exemption, and monitor court rulings expected in the next 60 days.
Immigration lawyers say the agency’s guidance, released only on 20 October, is riddled with ambiguities that adjudicators appear to be interpreting broadly. The confusion is acute for Indian-headquartered IT services firms, which collectively account for about 70 percent of H-1B beneficiaries. Several have already instructed US subsidiaries to set aside contingency funds or to pause non-critical transfers until litigation clarifies the fee’s scope.
The US Chamber of Commerce and multiple advocacy groups have filed suit in federal court, arguing that the surcharge violates Section 212(f) of the Immigration and Nationality Act and places an unlawful financial burden on employers rather than visa beneficiaries. Early legal briefs warn of a chilling effect on US innovation and urge an injunction before the FY 2027 cap season opens in March 2026.
For Indian professionals awaiting approval, the new levy could translate into delayed start dates or contract renegotiations as employers reassess staffing costs. Global mobility managers should review ongoing petitions, prepare to respond to RFEs with evidence of exemption, and monitor court rulings expected in the next 60 days.
