- Pawan Khera called the U.S. H-1B fee extension a humiliation for India and a blow to its tech sector.
- The proclamation keeps the USD 100,000 payment in place for certain overseas H-1B petitions until September twenty-one, twenty twenty-seven.
- The rule excludes renewals and in-country transitions, but it may hit Indian IT firms and student-to-work pipelines.
Pawan Khera, head of the Congress media and publicity department, condemned the United States’ renewed H-1B payment requirement on September 19, 2026, calling it a humiliation for India and a blow to the country’s technology sector. The United States extended the USD 100,000 requirement for certain petitions by 12 months, keeping it in place until September 21, 2027.
Khera tied the decision to Prime Minister Narendra Modi’s relationship with U.S. President Donald Trump. He said the renewal would affect Indian technology professionals and the student pipeline into U.S. jobs.
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“Trump has extended the USD 100,000 H-1B visa fee for another 12 months — a move that will hit Indian IT, tech professionals and the student talent pipeline hard”
Khera followed that criticism with a broader attack on the Indian government’s diplomacy.
“Modi bent over backwards to appease Trump. Trump got the appeasement. India took the humiliation and the hit.”
The measure came through Trump’s presidential proclamation on September 18, 2026. It applies to certain new H-1B petitions involving workers outside the United States, generally where the petition requires the worker’s admission into the country.
The rule is narrower than a blanket charge on all H-1B cases. Limited national-interest exceptions apply.
The renewed payment targets overseas hires, not every H-1B case
| H-1B situation | Treatment under the extended requirement |
|---|---|
| Certain new petitions for workers outside the United States | USD 100,000 payment requirement generally applies |
| Petitions requiring the worker’s admission into the United States | Generally covered unless an exemption applies |
| Renewals | Not covered |
| People already in the United States transitioning into H-1B status | Not covered |
The distinction leaves employers recruiting abroad facing the most direct financial barrier. Employers sponsoring workers already in the United States do not face the same payment under the policy described by the administration.
Indian technology companies sit near the center of the dispute. Indians represented the largest share of approved H-1B beneficiaries by country of birth, with 71% of approved H-1B petitions in FY2024 tied to beneficiaries born in India.
The party also warned about students moving from F-1 study status into H-1B employment. Professionals seeking U.S. jobs could face a more difficult route, while companies may reconsider overseas hiring.
Some Indian talent could instead look to the UK, Canada, or Australia. The warning covers both established IT firms and people trying to enter the U.S. technology workforce.
The White House cited a sharp change in employer behavior after the original restriction. It said the 2025 measures produced a 92% decrease in H-1B registrations by large IT outsourcing firms.
That figure formed part of the administration’s case for keeping the payment requirement in place. Trump said the 2025 restrictions had been effective enough to continue for another year.
The restriction began in September 2025 and remains under challenge
The original restriction started in September 2025 and was due to expire in September 2026. Trump’s proclamation extended it for another year, setting the new end date at September 21, 2027.
The extension also arrives amid litigation. A federal judge blocked the fee in June 2026, and the administration was appealing that ruling.
That legal dispute adds uncertainty for companies planning cross-border hiring. Employers must account for whether a petition concerns a worker abroad, whether an exception may apply, and whether the case involves an in-country transition or renewal.
The political dispute reaches beyond the payment itself. Khera’s criticism presents the extension as evidence that India absorbed the cost of an arrangement he says benefited Trump politically.
The party said the measure would hurt Indian IT companies, technology professionals, and students seeking to move from F-1 study status into the U.S. workforce. Those groups now face a policy scheduled to remain in force through September 21, 2027, subject to the continuing court challenge and any applicable exception.
