Trump Administration Seeks to Permanently Impose $103,265 Fee for H-1B Visa Petitions

The Trump administration moved forward Monday with a formal proposal to establish a permanent $103,265 fee for H-1B visa petitions subject to annual caps, according to the Department of Homeland Security. The measure would codify a fee initially imposed through presidential order last year that a federal court blocked from collection in June. A federal judge’s decision is currently under appellate review, while a separate court examines whether a business coalition’s challenge to the fee was properly dismissed.

The new rule, posted for public comment Monday and scheduled for Federal Register publication Tuesday, would apply to all cap-subject H-1B petitions, including requests from foreign students already in the United States seeking to change visa status. The fee would not affect cap-exempt H-1B petitions or routine extensions for current visa holders. Finalization of the rule could occur by year’s end, according to DHS officials.

The H-1B program permits U.S. employers to recruit foreign workers specializing in particular fields, with 65,000 visas available annually under the standard cap and an additional 20,000 reserved for holders of U.S. master’s degrees or higher. Prior to Trump’s executive action, such visas typically carried fees ranging from $2,000 to $5,000. The administration argues the program facilitates worker replacement and depresses American wages, while business groups contend the visas address genuine labor shortages and strengthen economic competitiveness.

As of late February, roughly 70 employers had paid the $100,000 fee across approximately 85 visa applications, according to court filings. The U.S. Chamber of Commerce, Democratic-led states, and a coalition comprising labor unions and employers have challenged the fee and are expected to amend complaints once DHS finalizes the new rule. Earlier this month, the administration also implemented additional fees of up to $4,500 for H-1B extensions and employee transfers from other countries.