Trump Administration Moves to Make $100,000+ H-1B Visa Fee Permanent

The U.S. Department of Homeland Security (DHS) has officially proposed a regulatory rule to codify a $103,265 fee for new H-1B visas for highly skilled foreign workers. The move aims to permanently institute a steep fee hike that was initially introduced via executive order.

What Is the Proposed Rule?

Historically, filing for an H-1B visa incurred typical fees ranging between $2,000 and $5,000 per application. Under the proposed DHS rule published in the Federal Register, new H-1B petitions for skilled foreign workers entering the U.S. would face an unprecedented baseline cost of $103,265.

• Scope of the Fee: The $100k+ fee applies specifically to new H-1B visa applicants entering from abroad.
• Key Exemptions: The proposed rule does not apply to current H-1B visa renewals or foreign graduates already residing in the United States on student visas who convert to H-1B status.
• Timeline: Publication in the Federal Register triggers a 30-day public comment period, with potential finalization before the end of the year.

Background and Ongoing Legal Battles

The steep fee was originally introduced in 2025 as a temporary presidential proclamation set to expire after one year. However, that executive action faced immediate pushback:

• Court Injunction: In June, a federal judge ruled the temporary fee illegal and issued an injunction blocking DHS from collecting it.
• Current Appeals: The ruling is actively being reviewed by a Boston-based federal appeals court.
• Litigation Ahead: Business groups—led by the U.S. Chamber of Commerce—alongside Democratic-led states and labor unions, argue that executive powers cannot override congressional statutes establishing the H-1B program, nor can DHS levy taxes or massive revenue-generating fees without explicit congressional authorization.

The Debate: Protecting Local Talent vs. Global Innovation

The H-1B program caps standard annual issuances at 65,000 visas, plus an additional 20,000 for foreign nationals holding advanced degrees from U.S. higher education institutions.

Data from U.S. Citizenship and Immigration Services (USCIS) shows that total employer registrations for H-1B visas dropped to roughly 344,000, down significantly from over 790,000 requested petitions two years prior amid stricter vetting policies and rising application expenses.

What’s Next?

With the 30-day public comment window open, industry groups and immigration attorneys are preparing formal objections. Additional legal challenges are expected once DHS issues its final rule.

For further updates on immigration regulations, official notices, and public comment portals, visit the U.S. Department of Homeland Security or U.S. Citizenship and Immigration Services.