The Trump administration has taken a major step to lock in a hefty charge on new H-1B visas. On Monday, the Department of Homeland Security released a proposed rule that would set the fee at $103,265 for each new visa. This move aims to make permanent a temporary measure first introduced by President Donald Trump last year.
That earlier proclamation had already raised the cost of H-1B visas far above the usual range of $2,000 to $5,000. A federal judge blocked the fee in June, calling it unlawful. The administration is currently appealing that decision in a Boston court while another legal challenge continues in Washington. Despite the court setbacks, the White House is pressing ahead with formal regulations.
The new proposal appears in the Federal Register and opens a 30-day public comment period. Officials hope to finalize the rule by the end of the year. The original proclamation expires in September, but it specifically directed Homeland Security to create lasting rules.
The H-1B programme lets American companies hire foreign professionals with specialized skills. It offers 65,000 visas each year plus another 20,000 for those holding advanced degrees. These visas typically last three to six years and are widely used in technology, education, and research fields.
Supporters of the higher fee, including Trump and other critics, argue that some companies misuse the programme to replace American workers with lower-cost foreign labor. Business groups and many employers counter that the visas fill real skill gaps and help the United States attract top global talent.
Court records show that about 70 employers paid the temporary $100,000 fee on 85 applications by late February. Legal challenges continue from the US Chamber of Commerce, several Democratic-led states, unions, and employer coalitions. They argue that the president cannot override the law creating the H-1B system and that only Congress can authorize such fees.
Meanwhile, demand for the visas has already fallen. Employers registered for roughly 344,000 H-1B slots last year, more than 25 percent below the 2024 total and less than half the 2023 peak. The administration has also introduced stricter vetting and extra fees of up to $4,500 for extensions or transfers.
The proposed rule keeps the debate alive over how the United States balances workforce needs with protection for American workers. As the comment period begins, both business leaders and immigration critics will closely watch the outcome.
