Trump Administration Proposes Over $100,000 Fee for H-1B Visas

The Trump administration has proposed a regulation to formalize a controversial fee on H-1B work visas, requiring applicants to pay $103,265.

The proposed rule for highly skilled foreign workers was published in the Federal Register on Monday and will be open for public comment for 30 days. After that, the Department of Homeland Security (DHS) can finalize and implement it. This move would significantly increase the cost of applying for visas widely used in hiring for technology, education, and research sectors.

Last year, Trump temporarily imposed a $100,000 fee on this visa program, but it was later blocked by court rulings. The temporary order was set to expire in September, and the new DHS proposal would replace it and make the fee permanent.

In June, a federal judge ruled the fee was illegal and barred the Trump administration from collecting it. An appeals court in Boston is reviewing that decision, while another court is considering whether a judge in Washington, D.C., properly dismissed a challenge by a group of major businesses to the fee.

The H-1B program allows U.S. employers to hire foreign workers with specialized training, providing 65,000 visas annually, plus 20,000 visas for workers with advanced degrees, lasting three to six years.

The order Trump issued last year sharply increased costs for some H-1B visa applications, which typically ranged from about $2,000 to $5,000 depending on various factors.

The fee increase has reduced the number of H-1B visa applications, according to court filings. As of February 15, U.S. Citizenship and Immigration Services had received only 85 payments of the $100,000 fee from 70 employers, the administration said in a March filing.

Debate over the visa program

Trump, a Republican, and other critics argue that the H-1B program is being abused by many companies to replace American workers with cheaper foreign labor.

However, business groups and many individual companies say the visa program is necessary to address shortages of qualified American workers for certain jobs and allows U.S. firms to recruit top talent.

When imposing the fee, Trump cited presidential powers under federal immigration law to restrict entry of certain foreign nationals who could harm U.S. interests.

The fee is being opposed by the U.S. Chamber of Commerce, the nation's largest business lobbying group, Democratic-led states, and a coalition of unions and employers. These lawsuits could be amended to challenge the proposed rule this week once it is finalized.

Growing legal challenges

The lawsuits allege that Trump's authority to restrict entry does not allow him to override the law that created the H-1B visa program. The suing states and groups also say DHS cannot impose fees, taxes, or other measures to generate revenue for the U.S. without congressional approval.

The Trump administration maintains the fee is not a traditional tax and that courts have limited power to interfere with the president's authority to restrict entry.

Amid Trump's broader immigration crackdown campaign, employers last year registered for about 344,000 H-1B visas, down more than 25% from 2024 and less than half of the 794,000 applications in 2023, according to data from U.S. Citizenship and Immigration Services.

The Trump administration has also ordered enhanced background checks for H-1B visa applicants and proposed a new visa selection process favoring higher-skilled, better-paid workers. Earlier, in August, in a separate rule, DHS added fees of up to $4,500 for H-1B workers applying for extended stays or transferring employees to the U.S.