Trump Considers Increasing Fees for H-1B Visas for IT Specialists

According to a document from the Department of Homeland Security, which was reviewed by the agency Efe, the Trump administration intends to introduce a new regulatory proposal that provides for adding a fee of $103,265 to all annually renewed H-1B visa applications.

Previously, on June 8, a federal judge in Massachusetts overturned a $100,000 fee because the government lacked Congressional authorization to implement it, arguing that it constituted a tax rather than merely an administrative fee. Later, in July, the appellate court ruled that it would not suspend the decision to cancel the $100,000 fee.

The new draft regulation, published on Monday, demonstrates the determination of the Trump administration to impose this fee on H-1B visa holders. This program is limited to 85,000 visas annually, of which 20,000 are reserved for highly skilled specialists.

Such visas are widely used in technology and engineering fields, where demand typically exceeds available supply.

The Donald Trump administration presented a draft regulation on Monday that establishes an unprecedented fee exceeding $100,000 for new H-1B visas for highly skilled foreign specialists. This fee was first introduced by Trump last year but was subsequently blocked by court rulings.

The introduction of this fee via Trump's temporary order last year significantly increased the cost of visas widely used in the technology, education, and research sectors. However, in June, a federal judge ruled that this fee was illegal and prohibited the Trump administration from collecting it.

Currently, an appellate court based in Boston is reviewing this decision, while another court is examining whether the judge in Washington, D.C., correctly dismissed the challenge to this fee by a large business group.

Trump's proclamation from 2025, which established this fee, expires in September, one year after its issuance, but it instructed the U.S. Department of Homeland Security to adopt rules to make it permanent. The proposed DHS fee of $103,265, published in the Federal Register on Monday, will begin a 30-day public comment period. The rule could potentially be finalized by the end of the current year.

The H-1B program allows US employers to hire foreign workers with specialized training and annually provides 65,000 such visas, plus another 20,000 visas for degree holders, valid for three to six years.

Previously, Trump's order sharply raised the cost of obtaining some H-1B visas, which typically cost between $2,000 and $5,000 depending on various factors. Trump, as a Republican, and other critics of the H-1B program argue that it is abused by many companies that replace American workers with cheaper foreign labor.

Nevertheless, business groups and many individual companies state that this visa program is necessary to address the shortage of qualified American personnel for certain positions and to enable American businesses to attract top talent.

According to court documents, by the end of February, about 70 employers paid the $100,000 fee for 85 visa applications. When this fee was introduced, Trump used presidential authority under federal immigration law to restrict the entry of certain foreigners who might harm US interests.

The fee is being challenged by the US Chamber of Commerce, the largest business lobbying group in the US, states led by Democrats, as well as a coalition of unions and employers. These lawsuits may be modified to challenge the rule proposed this week after its final approval.

Plaintiffs argue that Trump's authority to restrict entry does not grant him the right to repeal the law that created the H-1B visa program. The states and groups filing the suit also claim that the Department of Homeland Security cannot impose fees, taxes, or other revenue-generating measures for the United States without Congressional approval.

The Trump administration insists that this fee is not a traditional tax and that courts have limited authority to question the president's authority regarding entry restrictions into the country.

Against the backdrop of Trump's broader immigration tightening policy, employers registered about 344,000 H-1B visas last year, which is more than 25 percent less than in 2024, and less than half of the 794,000 requested visas in 2023, according to data from the U.S. Citizenship and Immigration Services.

The Trump administration also ordered enhanced vetting for H-1B visa applicants and proposed a new visa selection process that would favor workers with higher qualifications and better pay. Previously, in August, the Department of Homeland Security added fees of up to $4,500 to H-1B worker extension or transfer applications from other countries to the United States in a separate rule.