Trump Administration Proposes Permanent $103,265 Fee for New H-1B Visas

The Trump administration on Monday published a proposed regulation that would set a permanent fee of $103,265 for new H-1B visas for highly skilled foreign workers.

The fee was first imposed by presidential proclamation in September 2025 and was scheduled to expire after one year. A federal judge in Massachusetts ruled in June that the original charge constituted an unlawful tax without congressional approval and blocked its collection. An appeals court is reviewing that decision while a separate challenge by a business group remains pending.

The new rule, posted in the Federal Register, would codify the higher fee and could be finalised by the end of the year. It applies to new petitions for workers outside the United States. Existing H-1B holders and renewals are not covered under the current proposal.

The H-1B program issues 65,000 visas annually plus 20,000 for advanced-degree holders. Technology, education and research employers rely on the category to fill specialised roles. Court filings show that only about 85 payments of the temporary $100,000 fee had been received by late February.

Administration officials argue the higher cost will discourage employers from using foreign workers to undercut American wages. Critics, including state attorneys general who sued, say the fee functions as a tax that Congress never authorised and that it harms sectors already facing labour shortages.

The proposal continues a broader set of immigration measures that include large-scale visa reviews and restrictions on asylum-related travel.