Congress Criticizes U.S. H-1B Fee Extension as Humiliation
Indian opposition leader Pawan Khera condemned the U.S. Extension of a $100,000 fee for certain overseas H-1B petitions until September 2027, calling it a
Pawan Khera, head of the Congress party's media department, condemned the United States' renewed H-1B payment requirement on September 19, 2026. He called the extension a humiliation for India and a blow to its technology sector.
The proclamation, issued by U.S. President Donald Trump on September 18, 2026, keeps a $100,000 fee in place for certain new H-1B petitions involving workers outside the United States. The rule is now scheduled to expire on September 21, 2027.
Fee Targets Overseas Hires and Indian IT
The policy does not apply to all H-1B cases. It excludes renewals and petitions for workers already in the U.S. Seeking a change of status. The financial barrier falls most directly on employers recruiting from abroad.
Indian technology companies are heavily impacted. According to the source, beneficiaries born in India accounted for 71% of approved H-1B petitions in the 2024 fiscal year. Khera tied the U.S. Decision to Prime Minister Narendra Modi's relationship with President Trump. "Modi bent over backwards to appease Trump," Khera said. "Trump got the appeasement. India took the humiliation and the hit."
The Congress party warned the fee would hurt established IT firms and the student talent pipeline. Professionals seeking U.S. Jobs could face a more difficult route, and some talent may look to the UK, Canada, or Australia instead.
Administration Cites Drop in Registrations
The White House justified the extension by pointing to a sharp change in employer behavior. The administration said the original 2025 measures produced a 92% decrease in H-1B registrations by large IT outsourcing firms.
That figure formed part of the case for continuing the payment requirement. President Trump stated the 2025 restrictions had been effective enough to warrant another year.
Legal Challenge and Policy Timeline
The fee faces an ongoing legal challenge. A federal judge blocked it in June 2026, and the administration was appealing that ruling at the time of the report. This litigation adds uncertainty for companies planning cross-border hiring.
The policy's timeline is as follows:
| Event | Date |
|---|---|
| Original restriction began | September 2025 |
| Original expiration date | September 2026 |
| Proclamation extending fee | September 18, 2026 |
| New expiration date | September 21, 2027 |
Employers must now handle whether a petition concerns a worker abroad, if a national-interest exception applies, and if the case involves an in-country transition. The political dispute, as framed by Khera, presents the extension as a cost borne by India for a arrangement that benefited Trump politically. The policy is scheduled to remain in force through September 2027, subject to court rulings.
