The Trump administration has proposed a new rule that would establish a permanent fee of $103,265 for H-1B visa petitions for highly skilled foreign workers. This proposed fee aims to recover the federal government's costs associated with administering the legal immigration system, including adjudication, vetting, and support for lawful immigration programs.
The fee, initially imposed temporarily by the Trump administration, was blocked by a federal judge in June. The judge ruled that the fee was an unauthorized tax imposed without congressional approval. The White House has stated its intention to appeal this decision. The temporary fee increase is set to expire next month, making the proposed rule by the Department of Homeland Security an effort to solidify the charge.
The H-1B program allows U.S. employers to hire foreign professionals in specialty occupations. Annually, 65,000 visas are available under the regular cap, with an additional 20,000 reserved for individuals with a master's degree or higher from a U.S. institution. Prior to the Trump administration's order, fees for these visas typically ranged from $2,000 to $5,000.
The proposed $103,265 fee would apply to all cap-subject H-1B petitions, including those for foreign students in the U.S. seeking to change their status. Petitions that are exempt from the annual cap, such as routine extensions for current H-1B holders, would not be subject to this new fee.
Arguments surrounding the H-1B program often highlight differing perspectives between the administration and business groups. The administration has contended that the program is susceptible to abuse, with companies allegedly replacing American workers with cheaper foreign labor. Conversely, business organizations and many U.S. companies argue that the program is essential for addressing shortages of qualified American workers and for attracting top global talent to support the U.S. economy.
The proposed rule was posted for public inspection and is scheduled for publication in the Federal Register. If finalized, the fee could be implemented by the end of the year. The fee is currently being challenged by various groups, including the U.S. Chamber of Commerce and a coalition of labor unions and employers. These existing challenges may be amended to address the newly proposed rule once it is finalized.
In addition to the proposed fee, the Trump administration has also implemented measures such as increased vetting of H-1B applicants and has proposed a new selection process that would prioritize higher-skilled and better-paid workers. Recently, the Department of Homeland Security also added fees of up to $4,500 for applications related to extending H-1B worker stays or transferring employees to the U.S.