Trump administration proposes $103,265 fee for new H-1B visas
The Department of Homeland Security submitted a regulation that would charge employers more than $100,000 for each new H-1B petition under the annual cap, aiming to generate revenue for immigration enforcement after an earlier fee was blocked by a court.
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The Trump administration has proposed a permanent fee of $103,265 on new H-1B visa petitions for skilled foreign workers.
The Department of Homeland Security posted the 67-page rule on Monday for publication in the Federal Register on Tuesday, opening a 30-day public comment period. The fee would apply to petitions subject to the annual cap of 85,000 visas, including the 20,000 reserved for advanced-degree holders. It would sit on top of existing filing fees that previously ranged from $2,000 to $5,000.
An earlier attempt to impose a $100,000 fee by presidential proclamation was blocked by a federal judge in June as an unlawful tax requiring congressional approval. The administration is appealing that ruling while pursuing this regulatory route.
Officials say the new charge would recover costs of running the immigration system and fund agencies including US Citizenship and Immigration Services, Immigration and Customs Enforcement and the immigration courts. Projections put potential revenue near $8.8 billion.
The fee would not apply to most renewals, cap-exempt petitions at universities and research institutions, or many students already in the United States. Employers, especially smaller ones, may file fewer petitions as a result, according to the proposal.
Vice President JD Vance posted that American corporations needing workers should hire and train Americans. Business groups have previously challenged similar measures, arguing they raise costs and reduce access to specialised talent.
