H-1B visa fee: Trump proposes $103,265 employer charge

US President Donald Trump's administration proposed Monday to impose a $103,265 fee on employers hiring foreign workers through the H-1B skilled visa programme, after legal setbacks over an earlier $100,000 fee.

The Department of Homeland Security said the new fee would be a revenue mechanism to recoup the costs of administering the lawful immigration system, including costs involving US Citizenship and Immigration Services, Customs and Border Protection, and Immigration and Customs Enforcement.

The administration has argued that the H-1B programme has been exploited to replace, rather than supplement, American workers. The proposal also says the fee would have an “indirect” benefit by making US employers less likely to hire an H-1B worker over a qualified and highly skilled American.

In September 2025, Trump issued a presidential proclamation imposing a $100,000 fee to combat what he called “systemic abuse”. A federal judge in June blocked that order in a lawsuit brought by 20 Democratic-led states, finding that the fee amounted to an unlawful tax that bypassed congressional authority.

Another federal judge in December 2025 upheld the same action, finding that the president had broad statutory authority to address what he considered an economic and national security problem. That ruling is being appealed.

The new proposed fee would apply to H-1B cap-subject petitions and would be in addition to other applicable fees or payments. The proposal says that if the earlier $100,000 fee is allowed to proceed, the new payment would be added on top. The earlier fee is set to expire in September unless extended.

There will be a 30-day public comment window before any rule can take effect. Legal challenges are expected, including arguments that the new proposal is a de facto tax and exceeds statutory authority.

Congress created the H-1B programme in 1990, and the United States currently awards 85,000 H-1B visas a year. In fiscal year 2025, 70% of H-1B workers came from India, followed by China with 12%, then the Philippines, Canada and South Korea, according to official data.

Amazon was the biggest employer, accounting for more than 9,000 approved H-1B visas in fiscal year 2026. Past H-1B holders include SpaceX's Elon Musk and Google chief executive Sundar Pichai.

Critics say the new rules would leave critical shortages in fields including information technology, engineering, education and medicine.