The Trump administration has unveiled a proposal to introduce a $103,265 fee for H-1B visa applications. This move arrives months after a federal court invalidated a prior executive action that attempted to mandate a $100,000 fee for the same program. The administration stated in a regulatory filing on Monday that the new fee is intended to assist in “recovering” the operational costs of the immigration system while incentivizing companies to prioritize hiring and increasing wages for American workers.
This proposed rule is not yet finalized and faces a 30-day public comment period. The implementation process could span several months, particularly if the measure encounters further legal opposition. H-1B visas are currently utilized by foreign professionals in specialized fields who possess at least a bachelor’s degree or its equivalent. These visas are valid for three years and are eligible for a three-year extension. Under existing law, the annual cap is set at 65,000 visas, with an additional 20,000 slots reserved for individuals holding advanced degrees from American universities.
Vice President JD Vance advocated for the fee increase on social media platform X, asserting that American corporations should focus on hiring and training domestic talent rather than relying on foreign labor. This stance aligns with the administration’s broader argument that the H-1B program is frequently overused, hindering domestic employment opportunities. Economists, however, have countered that the program is vital for maintaining the competitiveness of U.S. firms and fostering business growth that leads to job creation.
The administration’s efforts to significantly raise these costs began in September 2025, when President Donald Trump signed an executive action to impose a $100,000 fee, a sharp increase from the previous cost of approximately $3,000. That effort was blocked in June 2026 by U.S. District Judge Leo Sorokin, who ruled that the president lacked the delegated authority to levy what amounted to a tax on H-1B petitions. In his opinion, Sorokin, an appointee of former President Barack Obama, emphasized that only Congress holds the constitutional power to alter federal immigration policy in such a manner. The report also notes that the Trump administration announced plans to add a $103,265 fee for H-1B visas, months after a federal judge voided the US government’s previous attempt to require a $100,000 application fee.