The Trump administration has proposed making a $103,265 fee for certain H-1B worker visas permanent, potentially significantly increasing the cost of a programme widely used by the technology, education and research sectors.
The fee was initially introduced by President Donald Trump through a temporary proclamation last year. However, a federal judge in June ruled that the charge was unlawful and blocked the administration from collecting it. The decision is currently being reviewed by a Boston-based appeals court, while another court is considering a separate legal challenge brought by a major business group.
Trump’s 2025 proclamation is due to expire in September, one year after it was issued. It had, however, instructed the Department of Homeland Security (DHS) to introduce regulations that would make the fee permanent.
The DHS proposal for a $103,265 charge was posted online in the Federal Register on Monday and is due to be formally published on Tuesday, beginning a 30-day public comment period. The regulation could be finalised by the end of the year.
The H-1B programme allows US employers to hire foreign professionals in specialised fields. It provides 65,000 visas annually, along with an additional 20,000 visas for workers holding advanced degrees. The visas are generally issued for periods of three to six years.
The proposed fee represents a dramatic increase from the previous cost of obtaining an H-1B visa, which typically ranged between $2,000 and $5,000 depending on the circumstances of the application.
Trump and other critics argue that some companies misuse the H-1B programme to replace American workers with lower-cost foreign employees.
Business groups and employers, however, say the programme is necessary to address shortages of qualified workers in certain fields and enables US companies to recruit highly skilled talent from abroad.
According to court filings, around 70 employers had paid the $100,000 fee for a total of 85 visa applications as of late February.
Trump imposed the fee by invoking presidential powers under federal immigration law to restrict the entry of foreign nationals deemed detrimental to US interests.
The charge has been challenged by the US Chamber of Commerce, Democratic-led states and a coalition of unions and employers. The groups argue that the president’s authority to restrict entry does not permit him to override the law establishing the H-1B programme.
They also contend that DHS cannot impose fees or taxes intended to generate government revenue without congressional approval.
The Trump administration has argued that the charge is not a conventional tax and that courts have limited authority to review the president’s power to restrict entry.
The proposed fee comes as demand for H-1B visas has fallen amid the Trump administration’s broader immigration crackdown.
US employers registered for around 344,000 H-1B visas last year, more than 25 per cent lower than in 2024 and less than half the 794,000 applications recorded in 2023, according to US Citizenship and Immigration Services data.
The administration has also introduced enhanced screening for H-1B applicants and proposed changes to the visa selection system that would give greater preference to highly skilled and highly paid workers.
Earlier this month, DHS separately proposed fees of up to $4,500 for applications to extend the stay of H-1B workers or transfer employees from overseas to the United States.
