The Trump administration is moving to impose a $103,265 filing fee for H-1B visas, which allow skilled foreign workers to enter the U.S. The Department of Homeland Security proposed the rule in August, carving out exemptions for applicants seeking positions at universities, hospitals and other nonprofit organizations.
The proposal follows a previous attempt by President Donald Trump. On Sept. 19, 2025, Trump signed an executive order imposing a $100,000 fee on domestic employers applying for new H-1B visas—a significant jump from the typical employer costs of $2,000 to $5,000.
The earlier fee sparked immediate panic. Jamile Pellicer, a Florida-based immigration lawyer, described the period following the 2025 executive order as "insane, completely hectic," recounting clients rushing to secure their status before the fee took effect. Miguel Mora, another Florida-based immigration lawyer, said the "scare does not disappear the day a court blocks the fee," adding that employers have now seen how dramatically immigration costs can change with little warning.
But a court ruling on June 8 found the $100,000 fee could not stand. It was struck down on appeal in late July. Despite this legal defeat, the administration continues to appeal the decision and is now pursuing the higher fee through the regulatory process.
The Trump administration's stated rationale: the H-1B program has enabled the "large-scale replacement of American workers." The new fee structure, officials argue, would rebalance the workforce and steer domestic workers into specialist roles.
Critics point to a fundamental mismatch. Elizabeth Ricci, a partner at Rambana Ricci and an adjunct immigration law professor, said the U.S. is not graduating enough American students in STEM fields to fill the roles currently occupied by foreign workers. Priyanka Kulkarni, CEO of Casium, an HR tech company, echoed that assessment, noting that the policy's intent to encourage U.S. hiring often results in increased friction and cost anxiety for companies rather than a meaningful shift toward employing domestic specialists.
The H-1B program distributes 85,000 new visas annually through a lottery system. Tech companies, healthcare organizations and universities continue to hire foreign workers already in the United States under the previous fee structure despite the administration's efforts to raise costs. State Department data shows approximately 1 million nonimmigrant visas have been issued per month so far this year.
