US to Hike H-1B Visa Fee Over $100,000
The fee has greatly unsettled the companies working with foreign labour
Synopsis
U.S. President Donald Trump first imposed the fee last year but was blocked by the courts. The fee vastly raises the cost of the visas that are heavily relied on in the tech, education, and research sectors.
What Is the H-1B Program?
The H-1B program allows U.S. employers to hire foreign workers with training in various specialty fields and offers 65,000 visas annually, with another 20,000 for workers with more advanced degrees, which are approved for three to six years.
The order Trump issued last year has sharply increased the cost of obtaining some H-1B visas to about $2,000 to $5,000 in fees, depending on various factors.
The Problem at Hand
On June 8, 2026, the federal court blocked the Trump administration from collecting it, deeming it illegal.
A Boston-based appeals court is in the process of reviewing that decision while a different court considers whether a judge in Washington, D.C., properly rejected a challenge to the fee proposed by a major business group.
Even though Trump’s 2025 proclamation of imposing the fee expires in September 2026, a year after it was issued, it directed the U.S. Department of Homeland Security to adopt it permanently.
The proposed $103,265 fee by the U.S. Department of Homeland Security (DHS), which was posted online in the Federal Register on Monday, August 24, 2026, and is to be formally published on Tuesday, August 25, 2026, provides a 30-day public comment period. The rule could potentially be finalised by the end of 2026.
The Debate Over the Program
Trump has argued that implementing the fee is actually important and is being done in the favour of Americans due to the fact that the H-1B program has been abused by many companies to replace American workers with cheaper foreign labour. Hence, it creates a shortage of work for American nationals.
The business groups and many individual companies have, however, protested, saying that the visa program is essential to fill the lack of qualified American workers for some jobs and to allow U.S. businesses to recruit top talent and grow their businesses further.
According to court filings, as of late February 2026, about 70 employers had paid the $100,000 fee on a total of 85 visa applications. In imposing the law, Trump has invoked the President’s power under federal immigration law to restrict the entry of certain foreign nationals who would be detrimental to the interests of the U.S.
The fee is being challenged by the U.S. Chamber of Commerce, the largest U.S. business lobbying group, Democratic-led States, and a coalition of unions and employers.
The Legal Challenges
The States and groups that sued the fee say that the Department of Homeland Security cannot impose fees, taxes, or other means to generate revenue for the United States without permission from Congress. It also adds that the presidential powers that have been vested in Trump do not give him the right to override the law that created the H-1B visa program.
The Trump administration has stated that no one has the right to question the President’s power to restrict people from entering the country and that the fee is not a traditional tax.
According to data from U.S. Citizenship and Immigration Services, amid Trump’s broader immigration crackdown, employers last year registered for about 344,000 H-1B visas, down more than 25% from 2024 and fewer than half of the 794,000 visas sought in 2023.
The Trump administration has further ordered the evaluation of H-1B applicants and proposed a new visa selection process that would favour high-skilled and better-paid workers.
Earlier in August 2026, the Department of Homeland Security added fees of up to $4,500 to applications to extend the stay of H-1B workers or to transfer employees based in other countries to the United States.