Trump administration proposes $103,265 H-1B visa fee

The Trump administration is pushing a formal rulemaking process to impose a $103,265 fee on certain new H-1B petitions, building on a previously issued $100,000 proclamation. The proposal, published in the Federal Register, begins a 30-day public comment period with a goal of finalizing the rule by year’s end. It would apply to new H-1B petitions for workers outside the United States, while renewals would be exempt, and cap-exempt petitions would generally be unaffected. Legal challenges to the earlier $100,000 fee persist, with courts vacating that charge as an improper tax, but DHS argues the new rule relies on different authority and can stand. The program remains a flashpoint in immigration policy, with industry groups warning on cost and impact while supporters say the program is essential to filling skilled labor gaps in tech, education, and research. The H-1B visa cap remains 85,000 annually (65,000 regular plus 20,000 for advanced degree holders), meaning even a few petitions could entail seven-figure upfront costs for employers.