As Donald Trump administration’s latest restrictions on H1B visa -- imposing a fee of $100,000 per year on H-1B visa holders -- threatens the existence of the program, here’s a timeline on how the visa program evolved over the years.
Timeline of the H-1B Visa Program
1990
Immigration Act of 1990 creates the H-1B nonimmigrant classification for specialty occupations.
Numerical cap set at 65,000 visas annually.
1997
The 65,000 cap is reached for the first time due to rising demand from the technology sector.
1998 (ACWIA – American Competitiveness and Workforce Improvement Act)
Temporarily raises the cap:
115,000 visas for FY 1999 & FY 2000.
107,500 visas for FY 2001.
Introduces the ACWIA training fee ($500) to fund U.S. worker training.
Requires USCIS to provide quarterly and annual H-1B fee reports.
Certain nonprofit and academic institutions exempted from fee.
2000 (Two major laws passed on Oct. 17, 2000)
Public Law 106-311:
Raises ACWIA fee to $1,000.
Expands employer exemptions.
Extends applicability through September 30, 2003.
AC21 (American Competitiveness in the 21st Century Act):
Temporarily raises the cap to 195,000 for FY 2001, 2002, 2003.
Exempts certain H-1B workers from the numerical cap.
2004 (H-1B Visa Reform Act, part of Consolidated Appropriations Act, 2005)
Permanently reinstates the ACWIA fee.
Increases fee to:
$1,500 for larger employers.
$750 for small employers (≤25 employees).
Introduces Fraud Prevention and Detection Fee ($500) for initial H-1B or L petitions and employer transfers.
Creates 20,000 cap exemption for U.S. advanced degree holders.
2017 (USCIS Policy Memo – Aug. 9)
Clarifies definitions of “affiliate” and “subsidiary” to ensure proper collection of ACWIA fees.
2019
USCIS establishes electronic registration system for H-1B cap-subject petitions.
Employers must pre-register electronically and pay a registration fee before submitting petitions.
2023 (FY 2024 H-1B cap process)
USCIS conducts random lottery on electronic registrations.
Additional selections made later to meet annual cap of 65,000 + 20,000 advanced degree exemptions.
Filing window: April 1 – June 30, 2023.
2024
USCIS issues data on petitions, ACWIA fee collections, fraud fee submissions, and exemptions for the fiscal year.
Here are the current fees for filing an H-1B visa (USA) petition, as per latest USCIS rules (2025/2026). Note: These are government fees; legal or translation costs etc. are extra.