Trump Proposes $103,265 Fee for New H-1B Visas
The U.S. Department of Homeland Security (DHS) has proposed charging employers $103,265 for each new H-1B visa, despite a federal judge striking down a similar fee as unlawful in June. This latest proposal, published on August 24, 2026, aims to cover the costs of adjudication, fraud detection, national security vetting, and other processes across six agencies.
Key Points:
- The fee would apply to petitions under the annual cap of 85,000 visas, including the 20,000 reserved for workers with advanced degrees.
- Existing filing fees would still need to be paid on top of the new charge.
- Cap-exempt petitions (e.g., university positions and research roles) and foreign citizens already in the U.S. on student visas are exempt from the fee.
- The proposal is subject to a Federal Register publication on August 25 and subsequent regulatory review, potentially culminating in finalization by year-end.
- A Boston appeals court is currently reviewing a judge’s ruling that blocked the previous $100,000 fee.
How the Fees Would Be Distributed:
- US Citizenship and Immigration Services: ~$3 billion
- Executive Office for Immigration Review (Immigration Courts): ~$2.96 billion
- Immigration and Customs Enforcement: ~$1.05 billion
- Department of Labor: ~$1.21 billion
- State Department: ~$484 million
- Customs and Border Protection: ~$76 million
Background:
The H-1B visa program allows U.S. employers to hire foreign workers in specialty fields, particularly technology. The annual cap of 85,000 visas (plus 20,000 for advanced degree holders) has long led to competitive petitions and backlogs. Previously proposed fees aimed to offset processing costs, but legal challenges have blocked their implementation.