Trump Administration Proposes Permanent $103,265 Fee for New H-1B Visas
The Department of Homeland Security has released a proposed rule to set a $103,265 fee on new H-1B petitions for highly skilled foreign workers, seeking to make permanent a charge previously blocked by a federal court.
Washington2 min read
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The Trump administration on 24 August 2026 released a proposed regulation that would impose a permanent fee of $103,265 on new H-1B visas for highly skilled foreign workers.
The U.S. Department of Homeland Security posted the rule in the Federal Register. A 30-day public comment period begins once the notice is officially published. The fee could be finalised by the end of the year if the process proceeds without successful legal challenge.
President Donald Trump first imposed a $100,000 fee by presidential proclamation in September 2025. A federal judge in Massachusetts struck it down in June 2026, ruling that the charge amounted to an unauthorised tax that required congressional approval. The administration is appealing that decision. A temporary fee increase is set to expire in September 2026.
The new proposal sets the figure at $103,265 and would apply to petitions subject to the annual H-1B cap of 85,000 visas, including the 20,000 reserved for holders of advanced U.S. degrees. It would not apply to renewals of existing visas or to foreign citizens already in the United States on student visas, who form a large share of new H-1B recipients.
Before the 2025 proclamation, employers typically paid between $2,000 and $5,000 in fees for an H-1B petition. The administration has argued that the higher charge will discourage employers from using the programme to undercut American workers with lower-paid foreign labour and will generate revenue for immigration enforcement activities by agencies including Customs and Border Protection and Immigration and Customs Enforcement.
DHS has acknowledged that the fee may lead to a reduction in the number of H-1B registrations and that some employers, including small entities, may file fewer petitions.
The H-1B programme allows U.S. employers to hire foreign workers in specialty occupations for periods of three to six years. Universities and certain non-profits have traditionally been exempt from the numerical cap.
Legal challenges are expected. A Boston-based appeals court is already reviewing the earlier ruling, and a separate court is considering a challenge brought by a major business group. The outcome will determine whether the six-figure fee becomes a lasting feature of the H-1B system.