BREAKING: Trump Administration Proposes Permanent $103,265 Fee on New H-1B Visas

DHS proposes a permanent $103,265 fee

WASHINGTON — The Department of Homeland Security published a proposed rule on August 24 that would make a $103,265 fee permanent for certain new H-1B visas used by highly skilled foreign workers.

The proposal would replace a temporary $100,000 charge imposed by President Donald Trump in 2025. Before that policy, typical H-1B filing fees generally ranged from about $2,000 to $5,000, according to Reuters.

The new charge is not final. It must go through the federal rulemaking process before the administration can put it into effect, and its terms could change during that process.

Read the source: Reuters: Trump administration seeks permanent H-1B fee above $100,000 ↗

A federal judge already rejected the temporary fee

A federal judge ruled in June that the temporary version of the fee was unlawful. The Trump administration is appealing that decision while moving ahead with the proposed permanent regulation.

The legal challenges were brought by groups including the U.S. Chamber of Commerce, states, unions and employers. The central dispute is whether the executive branch has authority to impose a charge of this size without additional approval from Congress.

Court filings cited by Reuters showed that only about 70 employers had paid the temporary fee for 85 applications by late February, suggesting the policy had already sharply limited use of the program.

Read the source: Federal Register: 2025 proclamation restricting entry of certain H-1B workers ↗

Who would be affected

The proposed fee would generally apply to certain new H-1B applicants outside the United States. It would not generally apply to renewals or to foreign students already inside the country who change their immigration status.

The H-1B program provides 65,000 visas each year under the regular allocation, plus 20,000 for applicants with advanced degrees from American institutions. Demand routinely exceeds the number available.

Technology companies are major users of H-1B visas, but universities, hospitals, research institutions and other employers also rely on the program to recruit workers with specialized skills.

What happens next

DHS could seek to finalize the regulation before the end of 2026. The current temporary fee is scheduled to expire in September, although the court fight and the administration’s appeal remain active.

A permanent fee above $100,000 could make overseas hiring impractical for many smaller employers and nonprofit institutions. Supporters may argue that it protects American workers, while critics say it would restrict access to specialized talent and shift hiring toward only the largest companies able to absorb the cost.

What’s the Scoop With Broach will update this report when DHS releases a final rule or a court issues another decision in the litigation.