Trump administration seeks $103,265 fee for new H-1B visas
DHS has proposed a $103,265 fee for cap-subject H-1B petitions, using formal rulemaking after courts blocked an earlier charge. The plan could price smaller employers out of skilled-worker sponsorship while triggering another legal fight.
Government Proposes New Six-Figure Fee for H1-B Visas
Trump administration proposes more than $100K fee for H-1B visas
New $103,000 H-1B Fee Planned for Visa Workers Already in US
New $100,000 H-1B Fee Planned for Visa Workers Already in US
Trump Administration Proposes $103,265 H-1B Visa Fee
A regulatory route to a six-figure charge
The Trump administration on Monday proposed a $103,265 fee for H-1B petitions subject to the annual visa cap, reviving a central piece of its skilled-immigration crackdown through formal rulemaking.bloomberglaw The move follows court setbacks for a $100,000 charge imposed by presidential proclamation last year, including the rejection of an emergency bid at the First Circuit appeals court.wsj +1
The Department of Homeland Security says the new payment would sit on top of existing petition fees and finance immigration adjudication, fraud detection, national-security vetting and technology upgrades. Its estimate assumes the charge would raise about $8.8 billion a year.bloomberglaw The proposal is not yet in force: it must pass through the federal notice-and-comment process before DHS can issue a final rule.americanbazaaronline
A much wider gap between access and affordability
Congress caps the program at 65,000 new visas annually, with 20,000 additional slots for workers holding advanced U.S. degrees. Universities and certain nonprofit employers are generally outside that cap.pbs The new proposal would spare cap-exempt universities, hospitals and research institutions, while placing the charge on employers competing for capped visas.bloomberglaw
Before the administration's earlier order, typical H-1B costs were roughly $2,000 to $5,000, depending on the filing. Only about 70 employers had paid the previous $100,000 charge for 85 applications by late February, court filings showed.straitstimes That limited uptake illustrates the proposal's immediate pressure point: large employers may absorb the expense for selected hires, but startups and smaller companies could abandon sponsorship entirely.
The U.S. Chamber of Commerce said the plan would make the program cost-prohibitive for more employers, particularly startups and small and midsize businesses. DHS argues the fee would shift the cost of administering lawful immigration programs from taxpayers to employers that use them.bloomberglaw
Courts remain the decisive obstacle
A federal judge in Boston struck down the proclamation-based fee in June, ruling that it functioned as a tax imposed without the congressional authority required by law.pbs The administration appealed, while separate litigation has produced conflicting rulings and opened the possibility of challenges in several appellate circuits.straitstimes +1
Formal regulation gives DHS a different legal path, but it does not eliminate the core dispute over whether an agency may use filing fees to generate revenue on this scale. Business groups and Democratic-led states could amend existing lawsuits after a final rule is issued.straitstimes Until then, employers face another planning cycle in which the lottery's odds are only one uncertainty; the price of winning may become the larger one.