The new proposal would charge $103,265 for an H-1B visa and seeks to make permanent a temporary rule that has been challenged in U.S. courts.
Published August 24, 2026
US President Donald Trump’s administration has proposed rules that would formalize fees for controversial H-1B work visas to the US, charging $103,265 for future applications for these visas.
The proposed pay for highly skilled foreign workers was published in the Federal Register on Monday and is subject to a 30-day public comment period before it could be finalized and implemented by the Department of Homeland Security (DHS). It would significantly increase the cost of visas, which are often used to recruit workers in the technology, education and research sectors.
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Last year, President Trump temporarily imposed a $100,000 fee on the visa program, which was later blocked by a court ruling. The temporary declaration is set to expire in September, and DHS’ new proposal would replace it and make the fees permanent.
In June, a federal judge ruled the fees were illegal and barred the Trump administration from collecting them. A Boston-based appeals court is considering the decision, and another court is considering whether a judge in Washington, D.C., properly rejected a challenge to the fees by a large corporate group.
The H-1B program allows U.S. employers to hire foreign workers with specialized training and provides 65,000 visas annually, with an additional 20,000 visas issued to workers with advanced degrees and approved for three to six years.
An order issued by President Trump last year significantly increased the cost of obtaining some H-1B visas, which typically cost about $2,000 to $5,000 depending on a variety of factors.
Court filings say the increased fees are discouraging H-1B visa applications. As of Feb. 15, U.S. Citizenship and Immigration Services had received just 85 payments of $100,000 in fees from 70 employers, the administration said in a March filing.
Debate over visa programs
Republican President Trump and other critics of the H-1B program argue that it is being abused by many companies that replace American workers with cheaper foreign labor.
But business groups and many individual companies say the visa program is needed to address a shortage of qualified U.S. workers for some jobs and to help U.S. companies hire top talent.
In imposing this fee, President Trump invoked presidential authority under federal immigration law to restrict the entry of certain foreign nationals who harm the interests of the United States.
The fees are being challenged by the U.S. Chamber of Commerce, the nation’s largest business lobby, Democratic-led states, and a coalition of labor unions and employers. Those lawsuits could be amended to challenge the proposed rules once they are finalized this week.
Lots of legal issues
The lawsuit argues that President Trump’s immigration restrictions cannot override the law that created the H-1B visa program. The states and groups filing the lawsuit also argue that DHS cannot impose fees, taxes, or other measures to generate revenue for the United States without Congressional authorization.
The Trump administration argues that the fee is not a traditional tax and that courts have little authority to challenge the president’s authority to restrict immigration.
Amid President Trump’s sweeping immigration crackdown, employers registered about 344,000 H-1B visas last year, down more than 25% from 2024 and less than half of the 794,000 visas sought in 2023, according to U.S. Citizenship and Immigration Services data.
The Trump administration has also ordered increased vetting of H-1B applicants and proposed a new visa selection process that favors higher-skilled and higher-paid workers. In early August, the Department of Homeland Security added a fee of up to $4,500 to applications for extension of stay for H-1B workers or transfers to the U.S. for employees based in other countries in a separate rule.
