US Vice President JD Vance has defended the Trump administration's efforts to reform the H-1B visa programme, stating that the system should "not exist to replace American workers with low-wage foreigners." Speaking on the business and technology show All-In Podcast, Vance explained that the administration pursued changes through executive and administrative measures because of the lack of political support in Congress for legislative reform. "Congress is not going to pass a law changing this. There just isn't the political will to do it. So what are the things that we can do administratively to ensure that if a tech company is going to try to get an H-1B visa, it's an actual genius," Vance said. He emphasized that the programme should focus on workers who can make a substantial contribution to the technology sector and the wider US economy, noting that "you're not just replacing one accountant who makes $60,000 with a lower-wage foreign accountant who makes $45,000 a year."
The Trump administration has introduced a $100,000 fee for new H-1B petitions subject to the annual numerical cap, including petitions filed under the advanced-degree exemption. As reported by Business Standard, the White House announced this proposal in September 2025, which applies to new petitions covered by the presidential proclamation and does not apply to previously issued H-1B visas or petitions submitted before the specified effective date. If implemented, the fee would represent one of the most dramatic increases in the cost of sponsoring high-skilled foreign workers. DHS estimates that based on 85,000 cap-subject H-1B petitions annually, the proposed fee could generate approximately $8.8 billion a year to help recover costs associated with administering the broader US immigration system. The proposal has particular implications for Indians because they have long dominated the H-1B program, especially in information technology, engineering and other specialized occupations. Large technology companies may be better able to absorb the cost, but smaller companies, startups, universities and employers in sectors such as healthcare could find sponsorship substantially more difficult.
Vice President Vance highlighted new enforcement measures designed to prevent companies from using H-1B workers while simultaneously laying off American employees. "We came up with this idea to impose this $100,000 fee. We're also looking at various ways of preventing companies that use H-1B visas from laying off a bunch of American workers," Vance stated. He criticized companies that claim they cannot find workers despite having recently carried out large-scale layoffs, noting that "you'll have a company that applies for an H-1B and they'll say, 'Oh, we're desperate for workers. We can't find the workers.' And then you go and look at their history and they've laid off 5,000 people. Well, that's ridiculous." Vance emphasized that "if you're laying off American workers, you shouldn't be going to the market searching for foreign workers to replace them." He acknowledged that the administration has faced legal challenges on some of these measures, stating that "we've gotten sued on some of this stuff, but I think fundamentally we're on the right on both the law and the policy."
The H-2B cap has been reached as the Trump administration pursues comprehensive changes across the US immigration system that disproportionately affect Indian professionals. As reported by The Financial Express, the administration has implemented stricter filing practices, potentially allowing H-1B cases with deficiencies to be denied without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). This change could increase pressure on companies to ensure that wage information, job descriptions, supporting evidence and filing documentation are complete at the time a petition is submitted. The duration-of-status system for international students is being replaced with fixed periods of admission effective September 15, introducing more clearly defined expiration dates and requiring students to navigate extensions of stay. For Indian students, who form one of the largest international student populations in the United States, this change could extend beyond the classroom as they plan to move from F-1 visa to OPT or STEM OPT, and eventually to an H-1B. The State Department has expanded online-presence review for H-1B applicants and their H-4 dependents beginning in December 2025, instructing applicants to adjust privacy settings of social-media profiles to 'public' to facilitate screening.
For Indian families, particularly those with H-4 spouses, the administration has included the possible elimination of H-4 employment authorization in its future regulatory agenda, raising concern among families dependent on two incomes. However, an important distinction remains: there is currently no final rule ending H-4 EAD eligibility, and existing employment authorization remains valid. Any attempt to eliminate the program would require a formal regulatory process, including a proposed rule and potentially a lengthy legal battle. The issue has particular significance for South Asian families because many Indian H-1B workers face exceptionally long waits for employment-based green cards, making H-4 employment authorization an important mechanism enabling spouses to maintain careers while families remain in temporary immigration status. For Indian professionals already caught in long employment-based green-card queues, the development adds another layer of uncertainty to an immigration process that can stretch across years.
