Trump administration moves to make $103,265 H-1B visa fee permanent

The Trump administration has published a proposed rule that would permanently impose a fee of $103,265 on new H-1B visas for highly skilled foreign workers, a charge first introduced by executive order last year and currently blocked by the courts.

The Department of Homeland Security posted the regulation in the Federal Register on Monday. If finalized, the fee would replace the temporary levy that expires in September, one year after it was issued. The new rule could be completed by the end of the year.

The H-1B program permits U.S. employers to hire foreign professionals in specialty fields, with 65,000 visas available annually plus an additional 20,000 for those with advanced degrees. Before the presidential order, visa fees typically ranged from $2,000 to $5,000.

The proposed fee would not apply to foreign nationals already in the United States on student visas—who account for a large share of new H-1B recipients—nor to renewals of existing visas.

President Trump and other critics argue the program is abused by companies that replace American workers with cheaper foreign labor. Business groups counter that the visas are essential for filling roles where qualified U.S. workers are scarce and for attracting global talent.

Court filings show about 70 employers had paid the $100,000 fee on 85 visa applications as of late February. The fee was imposed under the president's immigration authority to restrict entry of foreign nationals deemed detrimental to U.S. interests.

The U.S. Chamber of Commerce, several Democratic-led states, and a coalition of unions and employers have challenged the fee in court. A federal judge ruled in June that the levy was illegal, and a Boston-based appeals court is reviewing that decision. The lawsuits could be amended to target the new rule once finalized.

Critics argue the president's power to restrict entry does not permit overriding the law that established the H-1B program, and that the Homeland Security Department cannot impose fees or generate revenue without congressional approval. The administration maintains the fee is not a tax and that courts have limited authority to question presidential decisions on entry restrictions.

Employer registrations for H-1B visas fell to about 344,000 last year, down more than 25% from 2024 and less than half of the 794,000 sought in 2023, according to U.S. Citizenship and Immigration Services data. The administration has also introduced enhanced vetting for applicants and proposed a selection process favoring higher-skilled, better-paid workers. A separate rule added fees of up to $4,500 for H-1B extensions or transfers of employees from abroad.