Trump administration proposes $103,000 fee for H-1B visas

The Trump administration has proposed imposing a $103,265 fee on H-1B visa applications, months after a federal judge struck down its previous attempt to introduce a $100,000 charge.

Under a proposed regulation released Monday, the administration said the substantially higher fee would help recover costs associated with operating the US immigration system while encouraging American companies to recruit and train domestic workers.

The proposal has not yet taken effect. It must go through the federal rulemaking process, including a 30-day public comment period, and could face legal challenges before becoming final.

H-1B visas allow US employers to hire foreign professionals for specialised occupations that typically require at least a bachelor’s degree or equivalent qualification. The visas are generally issued for three years and can usually be extended for another three.

Federal law currently provides 65,000 H-1B visas annually, with an additional 20,000 available to applicants who have earned advanced degrees from US higher education institutions.

The Trump administration argues that employers have relied too heavily on the programme and that its current structure can disadvantage American workers.

Vice President JD Vance defended the proposed change, saying companies requiring additional workers should prioritise hiring and training Americans.

The administration’s latest proposal follows an earlier effort by President Donald Trump to dramatically increase H-1B costs.

In September 2025, Trump signed an executive action imposing a $100,000 H-1B application fee, compared with fees previously amounting to roughly $3,000 in many cases.

That policy suffered a major legal setback in June when US District Judge Leo Sorokin invalidated it.

Sorokin concluded that the president did not have authority to impose what the court considered effectively a tax on H-1B petitions. The judge ruled that such a significant change required congressional authorisation.

“The President had no power or delegated authority to impose a tax on H-1B petitions,” Sorokin wrote.

The administration is now attempting to establish the fee through the regulatory process rather than relying solely on presidential action.

The proposal could have significant consequences for technology companies, universities, hospitals and other employers that rely heavily on skilled foreign workers.

Critics argue that making H-1B sponsorship dramatically more expensive could make it difficult for smaller employers to recruit specialised workers and could push highly skilled professionals toward competing economies.

Supporters of tighter H-1B restrictions argue that higher costs would discourage companies from using foreign workers primarily to reduce labour expenses and increase incentives to hire Americans.

For now, the $103,265 fee remains only a proposal. Existing H-1B applicants and employers are not yet required to pay the new amount.