The Department of Homeland Security issued a proposed rule Monday that would require a $103,265 fee for H-1B visa applications, the Trump administration's second attempt to impose a six-figure charge on the program after a federal court struck down its first effort.
The earlier $100,000 fee was voided by a federal judge. The new proposal is structured differently to address that legal setback. The original fee applied only to workers hired from outside the United States. The new rule extends the charge to individuals already employed inside the country, broadening its reach significantly.
Under the proposed rule, the $103,265 fee would be paid at the time of filing and would come on top of existing H-1B application costs. The administration is pursuing this expansion through regulation after the court ruling narrowed its legal options.
President Trump has argued the H-1B program allows employers to hire foreign workers at the expense of American workers. That argument has driven the administration's push to raise costs for employers who use the visa category, which covers specialty occupations requiring at least a bachelor's degree or equivalent experience.
The H-1B program draws heavy use from the technology industry, with large firms in software development, engineering and consulting filing a substantial share of annual petitions. A fee exceeding $103,000 per worker would represent a significant cost increase for employers filing multiple petitions each year. Companies with large offshore-staffing operations—historically accounting for some of the highest volumes of H-1B filings—would face the steepest cumulative costs.
By applying the fee to workers already inside the United States, DHS is attempting to establish a legal foundation that survives the specific objection the court raised against the prior version.
The proposed rule now enters a public comment period, a required step before any federal regulation takes effect. Employers, immigration attorneys, industry groups and individual workers can submit formal objections or support. The administration must review those comments before finalizing the rule—a process that can take months and sometimes produces modifications to the original proposal.
A legal challenge to the finalized rule is likely given the history. The same industries and legal advocates that fought the first version have clear standing to contest this one. The administration is betting that its decision to expand the fee's reach to domestic hires rather than solely foreign entries will hold up in court.
The H-1B program operates under an annual numerical cap set by Congress. The administration cannot reduce that cap through regulation alone—that would require an act of Congress. The fee proposal falls within DHS regulatory authority, which is why the administration returned to this tool after the court blocked the first attempt.
